IRLF 


B 

J2& 


SB    20 

INDIANA 


SCHOOL  LAWS 

Enacted  by  the  General  Assemblies  of  1913  and  1915 


Arranged  by  the  State  Department 
of  Public  Instruction 


CHAS.  A.  GREATHOUSE 

State  Superintendent 


FORT  WAYNE 

FOBT  WATN»  PRINTING  Co.,  CONTRACTORS  FOB  STATU  PRINTING  AND  BINDING 

1916 


GIFT   OF 


INDIANA 


SCHOOL  LAWS 

Enacted  by  the  General  Assemblies  of  1913  and  1915 


ARRANGED  BY  THE  STATE  DEPARTMENT 
OF  PUBLIC  INSTRUCTION 


CHAS.  A.  GREATHOUSE 

State  Superintendent 


FORT   WAYNE 

FORT  WAYNE  PRINTING  Co.,  CONTRACTORS  FOR  STATE  PRINTING  AND  BINDING 

1916 


INDIANA. 


School    Laws    Enacted    by    the    General    Assemblies 
of  1913  and  1915. 


This  pamphlet,  containing  those  school  laws  passed  by  the 
General  Assemblies  of  1913  and  1915  that  are  of  general  interest, 
is  issued  in  the  hope  that  it  may  be  valuable  and  convenient  to 
the  school  officials  of  the  State. 

CHAS.  A.  GREATHOUSE, 
Superintendent  of  Public  Instruction. 


•  .   •    ' 


(2) 


TABLE  OF  CONTENTS. 


Township  Trustees.  PAGE 

Estimate  of  expenditures,  townships  classified 7 

Official  bond 9 

Legal  notices,  where  published. .  ; 10 

Transfer  of  funds,  advisory  boards 10 

Emergency  expenditures,  called  meeting  Advisory  Board 10 

Emergency  expenditures,  meeting  of  Advisory  Board 12 

Townships. 

Transfer  of  property  by  civil  townships 14 

Legalizing  township  debts,  authorizing  bonds 15 

School  Funds — Mortgages. 

Renewal  of  school  fund  mortgages,  duties  of  Auditor 16 

Loan  on  mineral  land,  duties  of  Auditor 17 

Mortgages  on  lands,  Clerk  of  Court,  satisfaction  of  judgments.  .....  18 

Title  to  lands,  Auditor's  deed  to  quiet 18 

Funds  not  called  for,  disposition  of 19 

Wills,  public  bequests,  exempt  from  taxation 19 

Guardian  and  ward,  duties,  reports 19 

County  Superintendents. 

Extension  of  term 20 

Additional  salary 21 

Public  playgrounds  and  public  baths  in  cities,  how  established 21 

School  cities  of  the  first  class. 

Art  associations,  School  Board,  payments  to  maintain 23 

Right  to  issue  bonds 26 

School  cities  of  the  second  class. 

Public  playgrounds , 27 

Government  of  Schools 28 

School  cities  of  the  fifth  class: 

Charge  of  Public  Library 31 

Abandoned  school  property,  parks 32 

School  cities  and  school  towns: 

Trustees  elected,  terms 33 

Bonds  legalized 35 

School  buildings,  School  Trustees  may  issue  evidences  of  indebted- 
ness    35 

Refunding . . ' 36 

Annexation  of  school  territory,  liability  of  debts 38 

Old  school  buildings,  tearing  down 39 

School  towns,  election  of  school  trustee 41 

School  town  corporation  dissolved 42 

Conveyance  of  property .  42 

Township  control 43 

(3) 


381246 


Legalizing  Ac-r> :  PAGE 

New  Albany,  school  city,  acts  legalized. 44 

French  Lick,  acts  of  school  board  legalized 45 

Swayzee,  acts  of  school  board  legalized 46 

Transfer  of  pupils,  tuition 47 

Transportation  of  pupils,  payment  of  expenses.  * 48 

Sanitary  School  Building  Law: 

Site  and  building  requirements 49 

Temperature,  uncleanliness,  teachers,  penalties 52 

Hygiene  and  sanitary  science,  printed  data 53 

School  officers,  powers 53 

Penalty  as  to  officers 54 

School  buildings  used  for  public  gatherings 54 

Buildings  and  grounds  for  high  schools,  county  commissioners  authorized 

to  accept 55 

Joint  schools: 

City  and  township,  joint  graded  school 56 

Joint  high  schools,  control 58 

Joint  township  high  schools 59 

Township  high  schools,  how  established 59 

State  High  School  Inspector,  State  Superintendent  to  appoint 60 

High  schools,  term  continued 61 

Text  books: 

Uniform  text  books  for  high  schools 61 

Text  books,  bids  called  for 62 

County  Superintendent  may  appoint  township  trustee  or  board  of 

school  trustees  as  depository  merchants 64 

Depository  Merchants,  Township  Trustees  or  Board  of  School  Trustees .  64 

Compulsory  attendance  of  children: 

Compulsory  attendance 65 

Age  limit,  employment 66 

Attendance  officer,  duties 67 

Attendance  officer,  how  appointed 68 

Number  of  attendance  officers 69 

Per  diem 69 

Record  of  attendance 70 

State  Board  of  Truancy 70 

Assistance  furnished 70 

Separate  schools  for  incorrigibles 71 

Confirmed  truant 71 

Expenses,  special  levy 72 

Duties  of  enumerators 72 

Information  for  attendance  officer 72 

Penalty 73 

Vocational  education: 

Establishment  of  schools 74 

Classes,  how  divided 75 

Co-operative  schools 75 

Studies,  how  outlined 75 

State  Board  of  education,  duties. .                                                          .  76 


Vocational  education — Continued:  PAGE 

State  Board,  members  of 76 

Appointments,  how  made 77 

Advisory  committee 78 

Admission  to  schools,  to  whom  made 78 

Compulsory  attendance 79 

County  agent,  petition 79 

Cities  and  towns,  reimbursed 80 

State  maintenance 81 

Claims  for  reimbursement 81 

Annual  levy 81 

Salaries  and  expenses 82 

Vocational  schools,  cities  of  the  first  class 82 

Agricultural  and  domestic  science  school,  petition  for 85 

Extermination  of  rats 87 

Teaching  hygiene  in  schools .   87 

Compulsory  fire  drill 90 

Teachers  required  to  have  one  fire  drill  each  month 90 

Township  and  city  institutes,  attendance 90 

Teachers : 

Minimum  wages 91 

Qualifications  of  teachers 92 

Examination  in  special  subjects 93 

Teacher's  licenses: 

Examination  for 94 

Examioation  studies 95 

State  Board  of  Education,  fixing  averages 96 

Temporary  teaching  permits 97 

Professional  license,  eight  year  term 97 

Exemption  from  examination 97 

Previous  exemptions  in  force 98 

Schedule  of  success  items 98 

Grade  of  success,  who  determines 98 

Unfair  grading 99 

Records  of  Couty  Superintendent 99 

Report  of  State  Superintendent 99 

Fees  on  hand,  State  Treasury 100 

Teachers'  pension  fund,  cities  of  the  first  class : 

Control,  assessment,  levy 100 

Fixing  pensions 102 

Teachers'  pension  fund,  Terre  Haute 103 

Teachers'  pension  fund,  cities  20,000  to  100,000 110 

Teachers'  pension  (State  Teachers'  Retirement  Fund  Law) : 

Fund  created 117 

Fund  consists  of 117 

Board  of  trustees,  control 118 

Organization  of  Board 119 

State  divided,  units ny 

Units  petition 120 

Acceptance  of  act ........     .    .    .  120 


6 

Teachers'  pension — Continued:  PAGE 

State  institutions,  educational,  acceptance  of  act 121 

Duties  of  Trustees 122 

Fund  in  control  of  Board 123 

State  Treasurer,  custodian  of  funds 124 

Applications  for  pension 124 

Teacher's  assessed 124 

Payment  of  arrearages 125 

Record  of  units  and  teachers 126 

Investment  of  funds,  cash  on  hand 127 

Amount  of  pensions 128 

Computing  years  of  service 129 

Attachment,  pensions  exempt 130 

Teachers  eligible  to  pension 130 

Pensions  withdrawn 131 

Subsequent  applications 131 

Tuberculosis,  contagious,  duties  of  physicians 131 

Benevolent  institution  fund,  levy 134 

State  debt  sinking  fund,  levy 134 

Educational  institution  fund  levy 135 

Unexpended  balance 136 

Purdue  University,  Government  grant 137 

State  Institutions: 

Purchase  supplies  from  Blind  School 137 

Indiana  Soldiers'  and  Sailors'  Orphans'  Home,  Admission  to 138 

Soldiers  and  Sailors,  enumeration  of • 139 

Arbor  Day,  fixing  date,  proclamation 140 

School  exercises 141 

Legal"  holidays 141 

State  song 141 

State  flower 142 

Teacher's  Contract  (Form  for  Township  teachers) 143 

Teacher's  Contract  (Form  for  City  teachers) 144 


SCHOOL  LAWS  OF  1913  AND  1915 


[p.   131,  Acts  1915.] 

Township  Trustees — Estimate  of  Expenditures — Townships 
Classified. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  That  section  four  (4)  of  the  above 
entitled  act,  be  amended  to  read  as  follows:  Section  4.  The 
trustee  shall  attend  all  of  the  meetings  of  the  advisory  board,  and 
at  the  annual  meeting  thereof,  after  the  board  shall  have  organized, 
he  shall  present  a  detailed  and  itemized  statement  in  writing  of  his 
estimated  expenditures  for  which  appropriations  are  asked,  speci- 
fying the  number  of  teachers  necessarily  employed,  their  salaries 
respectively,  the  number  of  days  deemed  necessary  for  the  dis- 
charge of  the  duties  of  his  office,  and  the  days  of  the  week  or  month 
when  they  can  be  most  advantageously  performed,  the  extent  of 
needed  bridge  and  highway  repairs,  an  accurate,  itemized  list  of 
all  the  property  and  supplies  on  hand,  whether  in  use  or  in  store, 
for  road,  school  and  other  purposes  and  estimated  value  thereof, 
the  items  of  school  supplies  necessary  for  each  school,  the  condi- 
tion of  pauperism  in  the  township,  including  the  names  of  such 
persons  as  have  received  public  aid,  since  the  taking  effect  of  this 
act,  and  since  the  last  annual  meeting  of  the  board,  with  the  re- 
spective amount  received  by  each  person.  And  also  the  items, 
severally,  to  be  charged  against  the  township  funds,  including 
salaries,  clerk  hire  when  same  is  necesssary,  stationery,  printing  and 
records,  and  supplies  to  be  furnished  to  the  justices  of  the  town- 
ship, the  trustee's  compensation,  and  his  actual  expense  to  be  in- 
curred in  the  transacting  of  township  business,  and  his  office  rent, 
where  an  office  is  authorized  by  such  advisory  board,  and  any  other 
items  of  expense  payable  from  said  fund;  and  he  shall  submit  to 
such  inquiries  concerning  the  expenditures  of  his  office  as  the 
board,  or  the  taxpayers  present,  may  deem  proper  to  make. 
The  advisory  board  shall  have  full  power  to  require  any  estimate, 
not  sufficiently  itemized,  to  be  so  itemized  by  the  trustee,  and  to 
appropriate  for  any  purpose  a  sum  not  greater  than  that  esti- 

(7) 


8 

mated  in  the  item  therefor,  except  by  the  unanimous  vote  of  the 
board,  and  not  otherwise,  an  appropriation  may  be  made  for  an 
item  not  contained  in  any  estimate,  or  for  a  greater  amount  than 
that  named  in  any  item  of  an  estimate:  Provided,  further,  That 
all  items  of  expense  herein  enumerated  shall  be  paid  from  the 
proper  funds  of  the  township:  and  Provided,  That  in  townships 
containing  a  population  of  less  than  5,000  inhabitants,  no  clerk 
hire  shall  be  allowed  or  paid;  that  in  such  townships  the  advisory 
board  may  authorize  the  trustee  to  pay  as  office  rent  a  sum  not  to 
exceed  $60.00  per  annum,  and  such  trustee  may,  if  authorized  by 
the  board,  keep  his  office  in  his  residence  or  his  own  property,  and 
pay  to  himself  the  rent  therefor;  that  in  such  townships,  the  ad- 
visory board  may  authorize  the  trustee  to  pay  his  actual  expenses 
in  transacting  his  official  business,  including  stationery,  printing 
and  records,  and  may  authorize  the  trustee  to  use  his  own  prop- 
erty, as  means  of  conveyance  in  transacting  such  business,  but  the 
total  expenses  to  be  so  allowed  and  paid,  other  than  office  rent, 
shall  not  exceed  $100.00  per  year  in  such  townships;  that  in  town- 
ships containing  a  population  of  5,000  and  less  than  10,000  inhabi- 
tants, the  advisory  board  may  authorize  the  trustee  to  pay,  if  the 
board  deems  necessary  and  proper,  for  clerk  hire  a  sum  not  to  ex- 
ceed $100.00  per  year;  for  office  rent  a  sum  not  to  exceed  $90.00 
per  year;  for  actual  expenses  in  transacting  the  business  of  the 
office,  including  stationery,  printing  and  records,  and  may  author- 
ize the  trustee  to  use  his  own  property  as  means  of  conveyance  in 
transacting  such  business,  but  the  total  expenses  to  be  so  allowed 
and  paid,  other  than  office  rent,  shall  not  exceed  $200.00  per  year; 
and  Provided,  That  in  townships  containing  10,000  and  less  than 
15,000  inhabitants,  the  advisory  board  may  authorize  the  trustee 
to  pay,  if  the  board  deems  necessary  and  proper,  for  clerk  hire  a 
sum  not  to  exceed  $250.00  per  year;  for  office  rent  a  sum  not  to  ex- 
ceed $120.00  per  year;  for  actual  expenses  in  transacting  the  busi- 
ness of  the  office,  including  stationery,  printing  and  records,  a 
sum  not  to  exceed  $250.00  per  year:  and  Provided,  That  in  town- 
ships containing  15,000  and  less  than  20,000  inhabitants,  the 
advisory  board  may  authorize  the  trustee  to  pay,  if  the  board 
deems  necessary  and  proper,  for  clerk  hire  a  sum  not  to  exceed 
$450.00  per  year;  for  office  rent  a  sum  not  to  exceed  $120.00  per 
year;  for  actual  expenses  in  transacting  the  business  of  the  office, 
including  stationery,  printing  and  records,  a  sum  not  to  exceed 
$300.00  per  year:  and  Provided,  That  in  townships  containing 
20,000  and  less  than  30,000  inhabitants,  the  advisory  board  may 


9 

authorize  the  trustee  to  pay,  if  the  board  deems  necessary  and 
proper,  for  clerk  hire  a  sum  not  to  exceed  $600.00  per  year;  for 
office  rent  a  sum  not  to  exceed  $180.00  per  year;  for  actual  ex- 
penses m  transacting  the  business  of  the  office,  including  stationery, 
printing  and  records,  a  sum  not  to  exceed  $350  per  year:  and  Pro- 
vided, That  in  townships  containing  30,000  and  less  than  40,000 
inhabitants,  the  advisory  board  may  authorize  the  trustee  to 
pay,  if  the  board  deems  necessary  and  proper,  for  clerk  hire  a 
sum  not  to  exceed  $900.00  per  year;  for  office  rent  a  sum  not  to 
exceed  $240.00  per  year;  for  actual  expenses  in  transacting  the 
business  of  the  office,  including  stationery,  printing  and  records, 
a  sum  not  to  exceed  $500.00  per  year:  and  Provided,  That  in  town- 
ships containing  40,000  and  less  than  100,000  inhabitants,  the  ad- 
visory board  may  authorize  the  trustee  to  pay,  if  the  board  deems 
necessary  and  proper,  for  clerk  hire  a  sum  not  to  exceed  $1,200.00 
per,  year;  for  office  rent  a  sum  not  to  exceed  $300.00  per  year;  for 
actual  expenses  in  transacting  the  business  of  the  office,  including 
stationery,  printing  and  records,  a  sum  not  to  exceed  $600.00  per 
year;  the  inhabitants  of  all  such  townships  to  be  determined  by 
the  last  preceding  United  States  census.  All  appropriations  for 
clerk  hire,  for  office  rent,  and  for  actual  expenses  in  transacting 
the  business  of  the  office  of  trustee,  shall  be  made  at  the  annual 
September  meeting  and  at  no  other  time.  In  any  case,  before  the 
trustee  shall  draw  his  warrant  for  any  money  to  be  paid  out  by 
reason  of  the  items  of  expense,  including  clerk  hire  and  office  rent, 
authorized  by  this  act,  he  shall  require  to  be  filed  with  him,  as 
trustee,  an  itemized  voucher  of  such  expense,  clerk  hire  or  office 
rent,  properly  subscribed  and  sworn  to. 

No  trustee  shall  have  credit  for  any  money  paid  by  him,  ex- 
cept he  shall  show  a  receipt  therefor  for  each  item  thereof  from  the 
person  to  whom  such  payment  was  made. 

SEC.  2.    This  act  shall  in  no  way  affect  any  pending  litigation. 

[p.  126,  Acts  1915.] 
Township  Trustee— Offical  Bond. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  before  entering  upon  the  duties  of  his  office  the 
trustee  of  every  township  shall  execute  a  bond  conditioned  as  in 
ordinary  official  bonds  in  a  penal  sum  of  not  less  than  the  amount 
of  money  which  may  come  into  his  hands  at  any  one  time  as  trustee 
of  the  civil  township  and  of  the  school  township  to  the  acceptance 


10 

of  the  county  auditor.  Such  bond  may  be  executed  by  a  surety 
company  or  by  two  or  more  freehold  sureties  to  be  approved  by 
the  county  auditor. 

Legal  Notices — Where  Published. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  all  cases  where  now,  in  township  or  county 
business,  the  law  provides  for  the  publication  of  legal  notices  in  a 
weekly  newspaper,  it  shall  be  lawful  hereafter  to  make  such  pub-, 
lications  in  either  a  daily  or  weekly  newspaper.  (R.  S.  1914, 
§  1346a.) 

Repeal. 

SEC.  2.  All  laws  or  parts  of  laws  inconsistent  with  this  act, 
are  hereby  repealed. 

Township  Trustee — Advisory  Boards — Transfer  of  Funds. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  if  it  appears  to  the  advisory  board  of  any  town- 
ship in  the  State  of  Indiana,  at  the  next  annual  September  meet- 
ing of  such  board,  that  there  is  a  surplus  of  the  road  funds  of  such 
township  that  will  not  be  needed  for  road  purposes  then  such  ad- 
visory board  may,  by  a  unanimous  vote,  pass  a  resolution  and 
spread  the  same  upon  the  minutes  of  such  board,  directing  the 
trustee  of  such  township  to  transfer  all  or  any  specified  portion  of 
such  surplus  road  fund,  to  the  special  school  fund  of  such  town- 
ship, and  when  any  such  advisory  board  shall  make  any  such  or- 
der it  shall  be  the  duty  of  the  trustee  to  transfer  said  fund  in  com- 
pliance to  such  order,  which  fund  so  transferred  shall  become  a 
part  of  the  special  school  fund  of  such  township  and  be  used  for 
special  school  purposes,  (p.  551,  Acts  1913.) 

Township — Emergency  Expenditures — Called  Meeting  Ad- 
visory Board. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  That  section  six  be  amended  to 
read  as  follows:  Section  6.  Upon  a  special  call  of  the  township 
trustee,  or  the  chairman  of  the  advisory  board  or  a  majority  of 
the  members  of  said  board,  given  in  writing  to  each  member 
thereof,  stating  the  time,  place  and  purpose  of  the  meeting, 


11 

said  board  may,  if  a  quorum  be  present,  by  consent  of  a 
majority  of  all  the  members  present,  determine  whether  an 
emergency  exists  for  the  expenditure  of  any  sums  not  included 
in  the  existing  estimates  and  levy.  In  the  event  that  such 
an  emergency  is  found  to  exist  said  board  may  authorize  by 
special  order  entered  and  signed  upon  the  record,  the  trustee 
to  borrow  a  sum  of  money  to  be  named  sufficient  to  meet 
such  emergency;  and  at  the  next  annual  session  of  the  board 
a  levy  shall  be  made  to  the  credit  of  the  fund  for  which  such 
expenditure  is  made  to  cover  and  pay  the  debt  so  created: 
Provided,  however,  That  if  at  any  annual  or  special  meeting  of  said 
board  it  shall  be  found  indispensably  necessary  to  provide  for 
the  construction  of  a  school  building,  the  cost  of  which  building 
or  the  proportionate  cost  thereof  if  the  same  be  a  joint  graded 
high  school  building  will  be  in  excess  of  the  sum  available  therefor 
out  of  any  annual  levy,  then  in  that  event,  such  board  may 
authorize  such  trustee  to  issue  township  warrants  or  bonds  to  pay 
for  such  building,  or  the  proportionate  cost  thereof,  such  warrants 
or  bonds  to  run  for  a  period  of  not  exceeding  fifteen  (15)  years; 
and  to  bear  hot  exceeding  six  per  centum  per  annum,  and  to  be 
sold  for  not  less  than  par;  the  township  trustee,  before  issuing 
such  warrants  or  bonds,  shall  advertise  that  bonds  are  to  be  sold 
in  not  less  than  one  issue  a  week  for  three  weeks,  in  one  paper  of 
general  circulation  in  the  county  and  one  paper  of  general  cir- 
culation in  the  state  capital,  setting  forth  the  amount  of  bonds 
offered,  the  denomination,  the  period  to  run,  rate  of  interest  and 
the  date,  place  and  hour  of  selling.  The  township  advisory  board 
shall  attend  the  sale  of  bonds  and  shall  concur  therein  before  such 
bonds  are  sold.  The  board  shall  annually  levy  sufficient  taxes  to 
pay  at  least  one-fifteenth  of  such  warrants  or  bonds,  with  inter- 
est, each  year,  and  the  trustee  shall  apply  such  annual  tax  to  the 
payment  of  such  warrants  or  bonds  each  year.  In  no  event  shall 
a  debt  of  the  township  be  created  except  by  the  advisory  board  of 
such  township,  and  in  the  manner  herein  specified,  and  any  pay- 
ment of  any  debt  not  so  authorized  from  the  public  funds  of  such 
township  shall  be  recoverable  upon  the  bond  of  the  trustee  in  a 
suit,  which  it  is  hereby  made  the  duty  of  said  board  to  institute  and 
prosecute  in  the  name  of  the  state,  for  the  use  of  said  township. 
And  said  board  is  hereby  empowered  to  appropriate,  and  the  town- 
ship trustee  shall  pay  out  of  the  township  funds  a  reasonable  sum 
for  attorney's  fees  for  such  purpose  And  if  the  board,  on  the 
written  demand  of  any  taxpayer,  fails  for  thirty  (30)  days  to 


12 

bring  suit,  then  such  or  any  other  taxpayer  may  bring  the  same, 
in  the  name  of  the  state,  for  the  use  of  the  township:  Provided, 
however,  Nothing  contained  herein  shall  affect  any  pending  litiga- 
tion. (R.  S.  1914,  §9595.) 

The  original  of  this  section  was  amended  in  1901,  Acts  1901,  p.  415,  and 
such  amended  section  was  amended  in  1909,  Acts  1909,  p.  208. 

At  the  session  of  1913,  Acts  1913,  p.  487,  an  act  was  passed  amending  the 
section  as  amended  in  1901,  such  act  being  approved  March  10,  1913,  but 
at  such  time  the  amended  section  above  set  forth  was  in  force,  the  same  be- 
ing approved  March  6,  1913,  and  has  an  emergency  clause.  The  act  of 
March  10,  1913,  makes  no  reference  to  the  act  of  March  6,  1913,  and  the 
March  10th  act  is  regarded  as  invalid  and  is  omitted.  The  two  acts  seem  to 
be  duplicates  of  each  other. 

Acts  of  township  trustees  in  borrowing  money  to  erect  school  buildings 
legalized,  Acts  1911,  pp.  27,  350. 

Bonds  issued  by  township  trustees  for  school  purposes  legalized,  Acts 
1911,  p.  613. 

Warrants  and  certificates  of  indebtedness  issued  by  township  trustees 
legalized  and  provisions  made  for  the  payment  thereof,  Acts  1911,  pp.  141, 
694. 

An  advisory  board  may  authorize  a  township  trustee,  at  a  special  meet- 
ing to  borrow  money  to  build  a  schoolhouse.  Lincoln  Tp.  v.  Union  Trust 
Co.,  36  App.  113,  73  N.E.  Rep.  623,  74  N.E.  Rep.  272. 

Before  an  advisory  board  can  authorize  a  township  trustee  to  borrow 
money,  the  board  must  find  and  enter  of  record  that  an  emergency  exists  for 
such  money,  and  a  debt  incurred  for  money  loaned  without  such  finding  and 
record  cannot  be  enforced.  First  Nat.  Bank  v.  Van  Buren  School  Tp.,  47 
App.  79,  93  N.E.  Rep.  863,  Pipe  Creek  School  Tp.  v.  Hawkins,  97  N.E.  Rep. 
936. 

At  a  special  meeting  of  an  advisory  board  -the  subject  of  whether  an 
emergency  exists  for  the  expenditure  money  cannot  be  considered  except  by 
consent  of  all  the  members  of  the  board,  but  two  members  of  the  board  may 
declare  that  an  emergency  does  exist.  Kirkpatrick  v.  Van  Cleave,  44  App. 
629,  89  N.  E.  Rep.  913. 

When  school  officers  have  taken  the  necessary  steps  to  locate  and  build  a 
joint  schoolhouse,  an  advisory  board  may  be  compelled  by  mandate  to 
authorize  a  township  trustee  to  borrow  money  to  aid  in  erecting  such  house. 
Advisory  Board  v.  State,  170  Ind.  439,  85  N.E.  Rep.  18. 

Township    Trustee — Meeting    of    Advisory    Board — Emer- 
gency Expenditures. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  Upon  the  special  call  of  the  town- 
ship trustee,  or  the  chairman  of  the  advisory  board,  or  of  a  ma- 
jority of  the  members  of  a  township  advisory  board,  given  in 
writing  to  the  several  members  of  such  board,  and  the  township 


13 

trustee,  stating  the  time,  purpose  and  place  of  the  meeting,  said 
board  may,  if  a  quorum  be  present,  by  the  consent  and  action  of  a 
majority  of  all  members  of  the  board  present,  determine  the  neces- 
sity and  whether  an  emergency  exists  for  the  expenditure  of  any 
sum  or  sums  not  included  in  the  existing  estimates  and  levy. 
In  the  event  that  such  emergency  exists,  the  board  may  authorize 
by  special  order  entered  and  signed  upon  record,  the  trustee  to 
borrow  a  sum  or  sums  not  included  in  the  existing  estimates  and 
levy  to  meet  the  demands  for  any  road  machinery,  road  dredge, 
bridges,  dredge  or  dredges,  or  township  machinery  for  hoisting 
road  materials,  or  other  township  business;  and  at  the  next  an- 
nual session  of  the  board  a  levy  shall  be  made,  the  same  to  be 
credited  to  the  fund  for  which  such  expenditure  is  made  to  cover 
the  debt  so  created:  Provided,  however,  That  if  at  the  annual  or 
special  meeting  of  said  board  it  shall  be  found  indispensably  neces- 
sary to  provide  for  the  construction  of  a  school  building,  purchase 
of  any  road  machinery,  road  dredge,  bridges,  dredge  or  dredges 
or  township  machinery  for  hoisting  road  materials,  or  other  town- 
ship business,  the  cost  of  which  necessity  exists,  or  the  proportion- 
ate cost  thereof  will  be  in  excess  of  the  sum  or  sums  available  there- 
for out  of  the  funds  of  the  annual  levy,  then  and  in  that  event,  such 
advisory  board  may  authorize  the  trustee  of  such  township  to  is- 
sue township  warrants  or  bonds  to  pay  for  such  debts  so  created, 
and  if  the  same  be  for  a  joint  graded  high  school  building  the 
township  warrants  shall  be  only  for  the  proportional  part  or 
share  of  the  debt  for  which  the  township  shall  be  liable;  the  said 
township  warrants  or  bonds  to  run  for  a  period  of  not  exceeding 
ten  (10)  years,  and  they  shall  bear  interest  at  a  rate  not  exceed- 
ing six  per  centum  per  annum,  which  bonds  or  township  warrants 
shall  be  sold  by  the  trustee,  with  the  assent  of  the  advisory  board 
of  the  said  township,  for  not  less  than  par,  and  such  advisory  board 
shall  annually  levy  sufficient  taxes  to  pay  at  least  one-tenth  of  such 
township  warrants  or  bonds,  with  the  annual  interest  thereon; 
the  trustee  of  such  township  shall  apply  the  annual  tax  levy  col- 
lected each  year  from  such  levy  on  the  township  warrants  bonds 
and  the  interest  thereon.  In  no  event  shall  a  debt  of  the  township 
be  created  except  by  the  advisory  board  of  such  township,  and  in 
the  manner  herein  specified,  and  any  payment  of  any  debt  not  so 
authorized  from  the  public  township  funds  by  a  trustee  shall  be 
recoverable  upon  the  bond  of  the  trustee,  in  a  suit,  which  it  is 
hereby  made  the  duty  of  the  advisory  board  of  such  township,  to 
institute  and  prosecute  in  the  name  of  the  state,  for  the  use  of  the 


14 

said  township.  And  said  board  is  hereby  empowered  to  ap- 
propriate, and  the  township  trustee  shall  pay  out  of  the  township 
funds,  a  reasonable  attorney's  fee  for  such  purpose.  And  if  the 
said  advisory  board  on  the  written  demand  of  any  taxpayer,  fails 
for  thirty  (30)  days  to  bring  suit,  then  such  taxpayer  or  any  other 
taxpayer  of  the  said  township  may  bring  the  action  in  the  name 
of  the  state  for  the  use  of  the  said  township:  Provided,  however, 
That  nothing  in  this  act  shall  affect  any  pending  litigation. 

Repeal. 

SEC.  2.  All  laws  and  parts  of  laws  in  conflict  with  any  of  the 
provisions  of  this  act  are  hereby  repealed,  (p.  487,  Acts  1913.) 

[p.  135,  Acts  *1915.] 
Schools — Transfer  of  Property  by  Civil  Townships. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  any  building  or  other  property  belonging  to  any 
civil  township  in  this  state  may  be  conveyed  to  the  correspond- 
ing school  township  in  the  manner  prescribed  in  this  act. 

Transfer  Upon  Petition. 

SEC.  2.  In  order  to  effect  the  transfer  or  conveyance  of  any 
building  or  other  property  from  any  civil  township  to  the  corres- 
ponding school  township,  a  petition  may  be  filed  with  the  board  of 
commissioners  of  the  county  in  which  such  civil  township  is 
situated,  asking  for  the  conveyance  or  transfer  of  such  building, 
or  other  property,  the  nature  of  the  building  or  other  property  to 
be  conveyed  or  transferred,  and  the  reasons  for  desiring  to  effect 
such  conveyance  or  transfer.  The  petition  shall  be  signed  by  a 
majority  of  the  legal  voters  resident  within  such  civil  township  and 
shall  be  filed  in  the  office  of  the  county  auditor.  At  the  time  of  fil- 
ing such  petition  the  petitioners  shall  give  a  bond  with  good  and 
sufficient  freehold  sureties,  payable  to  the  state,  to  be  approved  by 
the  board  of  commissioners,  conditioned  to  pay  all  expenses  in  the 
event  the  board  of  commissioners  shall  fail  to  authorize  the  pro- 
posed conveyance  or  transfer.  Immediately  after  such  petition 
shall  have  been  filed  the  county  auditor  shall  give  notice  of  the 
filing  of  such  petition  by  causing  publication:  to  be  made  once  a 
week  for  two  (2)  consecutive  weeks  in  one  newspaper  printed  and 
published  in  the  county  and  of  general  circulation  in  the  county  in 


15 

which  such  civil  township  is  situated.  The  board  of  commissioners 
shall  hear  the  petition  at  their  next  regular  term,  and  on  the  day 
designated  in  the  notice  and  shall  determine  all  matters  pertain- 
ing thereto,  and  if  such  board  shall  be  satisfied  as  to  the  propriety 
of  granting  the  prayer  of  the  petitioners,  they  shall  so  find  and 
thereupon  the  trustee  of  such  civil  township  shall  convey  such 
building  or  other  property  belonging  to  such  civil  township  to  such 
corresponding  school  township  and  such  school  township  shall 
thereafter  hold,  control  and  manage  such  building  or  other  prop- 
erty. All  expenses  incurred  in  the  conveyance  of  such  property, 
if  such  conveyance  be  authorized,  shall  be  paid  out  of  the  general 
funds  of  such  civil  township. 

[p.  114,  Acts  1915.] 
Schools — Legalizing  Township  Debts — Authorizing  Bonds. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  whenever,  since  the  enactment  of  an  act  entitled 
"An  act  concerning  township  business/'  approved  February  27, 
1899,  Burns'  Revised  Statutes  1914,  section  9590  et  seq.,  and  prior 
to  November  1,  1914,  that  in  all  townships  of  this  state  having  a 
population  of  less  than  1,430  and  more  than  1,420  as  shown  by  the 
last  preceding  United  States  census,  any  township  advisory  board 
of  any  such  school  township  within  the  State  of  Indiana,  when  con- 
vened in  annual  or  special  session,  the  calling  of  which  session  be- 
ing regular  or  irregular,  at  which  a  quorum  of  all  the  members  of 
such  advisory  board  was  present  and  acting,  such  advisory  board 
by  the  consent  and  vote  of  such  quorum  having  neglected  to  find 
that  an  emergency  and  necessity  existed  for  the  construction  of  a 
new  school  building,  or  an  addition  to  a  then  existing  school  build- 
ing in  said  township,  and  did  at  such  meeting  or  meetings,  duly 
authorize  the  construction  of  certain  school  buildings  or  additions 
and  repairs  to  then  existing  school  buildings  in  such  school  town- 
ship, but  then  and  there  neglecting  and  failing  to  appropriate  the 
necessary  funds  to  pay  for  said  improvements  before  the  under- 
taking or  completion  of  such  improvements  so  authorized  by  a 
majority  of  such  board,  and  wherein  the  trustee  of  said  township 
was  then  and  there  directed  to  advertise  for  bids  and  let  con- 
tracts therefor,  but  by  reason  of  oversight  or  neglect  such  finding, 
consent,  vote  and  authority  was  not  entered  of  record  and  signed, 
but  said  trustee,  in  pursuance  of  such  consent,  vote  and  authority, 
and  in  good  faith,  did  have  plans  and  specifications  prepared  for 


16 

said  school  buildings  or  additions  to  then  existing  school  build- 
ings, and  did  then  and  there  give  the  legal  notice  for  bids  therefor, 
and  did  then  and  there  receive  bids  for  such  improvements,  and 
did  then  and  there  award  said  contract  or  contracts  to  the  lowest 
and  best  bidder  therefor  and  did  enter  into  a  proper  contract  in 
writing  with  the  successful  bidder  and  the  said  bidder  giving 
statutory  bond  for  the  faithful  performance  of  the  work  under  the 
said  improvements,  which  said  improvements  were  duly  entered 
into,  made  and  completed  and  afterwards  duly  accepted  by  the 
proper  officials  of  said  school  township,  all  of  said  proceedings  be- 
ing by  the  township  officers  and  the  contractor  entered  into,  done 
and  executed  in  good  faith,  then  in  all  such  cases  the  contractual 
rights  so  performed  and  indebtedness  so  incurred,  shall  be  and 
are  hereby  legalized,  validated  and  made  the  legal  obligations  of 
said  school  township  in  which  such  action  is  taken  and  such  school 
buildings  or  additions  to  then  existing  school  buildings  were  then 
and  there  constructed,  erected  or  repaired,  and  authority  is  hereby 
given  and  made  for  the  payment  for  said  new  school  buildings  or 
additions  to  then  existing  school  buildings,  or  repairs  to  the  same, 
by  the  issuing  of  township  warrants  or  bonds  therefor,  as  if  such 
finding,  consent,  appropriation,  vote  and  action  had  been  duly 
made,  given  and  taken  and  such  records  made  and  signed  in 
strict  accordance  with  said  act  approved  February  27,  1899,  and 
any  and  all  amendments  and  additions  thereof  and  thereto,  and 
any  and  all  amendments  of  any  section  thereof,  and  taxes  shall  be 
duly  levied  in  said  township  to  raise  money  to  pay  off  such  obliga- 
tion or  obligations,  to  be  hereafter  determined,  according  to  the 
terms  thereof :  Provided,  That  nothing  in  this  act  shall  affect  any 
pending  litigation  in  any  of  the  courts  of  the  State  of  Indiana. 

Schools — Renewal   of  School   Fund   Mortgages — Duties   of 
Auditor. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  all  mortgagors  of  the  common  school,  congressional 
school  and  permanent  endowment  funds,  held  in  trust  by  their 
respective  counties  wherein  such  mortgage  exists,  shall,  at  the  ex- 
piration of  five  (5)  years  from  the  date  of  the  original  loan,  be  re- 
quired to  give  notice  to  the  said  auditor  of  said  county  that  they 
desire  to  continue  such  loan.  That  upon  the  receipt  of  such  notice 
the  auditor  shall  notify  the  appraisers  of  the  district  wherein  such 
mortgaged  premises  are  located,  who  shall  proceed  to  view  and  ap- 
praise such  mortgaged  premises,  and  shall  upon  oath  fix  the  ac- 


17 

tual  cash  value  thereon,  without  regard  to  the  amount  of  the  pres- 
ent existing  loan.  If  the  said  mortgaged  premises  are  reappraised 
at  an  amount  equal  to  double  the  amount  of  the  loan,  it  shall  be  so 
recorded  by  said  auditor,  which  said  procedure  shall  be  sufficient 
for  a  further  continuation  of  such  mortgaged  school  loan  for  the 
period  of  five  (5)  years  from  the  expiration  of  the  said  original  loan : 
Provided,  however,  That  if  the  second  appraisement,  made  for  the 
purpose  of  said  continuation,  be  not  sufficient,  and  is  less  than 
double  the  amount  of  the  original  loan,  such  mortgagor  shall  pay 
into  the  treasury  a  sufficient  sum  to  reduce  said  loan  to  one-half 
of  said  appraisement.  The  cost  for  said  renewal  shall  be  fifty 
(50)  cents  each  to  the  appraisers,  and  fifty  (50)  cents  to  said 
auditor  for  recording  said  continuation. 

Repeal. 

SEC.  2.  All  laws  or  parts  of  laws  in  conflict  with  this  act  are 
hereby  repealed,  (p.  943,  Acts  1913.) 

County  Auditors — School  Funds — Loan  on  Mineral  Land. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  where  coal  or  other  minerals  underlie  the  surface  of 
real  estate,  that  the  auditor  of  the  county  where  said  real  estate  is 
situated  is  hereby  authorized  to  loan  the  principal  of  all  moneys 
belonging  to  the  school  fund  to  an  amount  not  to  exceed  fifty  per 
cent,  of  the  surface  value  of  said  real  estate,  secured  by  a  mort- 
gage, and  said  loan  to  be  made  in  all  other  respects  as  now  pro- 
vided by  law.  (R.  S.  1914,  §6232a.) 

[p.  76,  Acts  1915.] 
Preamble. 

Whereas,  Divers  laws  appear  among  the  acts  of  the  general  as- 
semblies of  this  state  relative  to  the  loaning  of  congressional  town- 
ship school  funds,  originating  under  the  act  entitled,  "An  act  to 
authorize  the  sale  of  the  school  lands  and  for  other  purposes," 
approved  January  23,  1829,  which  provided  for  the  loaning  of  the 
said  funds  by  the  school  commissioner  to  be  elected  in  each  coun- 
ty, and  later  such  congressional  township  school  funds,  by  local  or 
special  acts,  were  authorized  to  be  made  by  the  congressional 
township  treasurer,  congressional  township  trustees  and  the  coun- 
ty treasurer  acting  as  school  commissioner,  until  the  abolishment 
of  such  office  provided  for  in  an  act  entitled,  "An  act  to  increase 

2 — 4343 


18 

and  extend  the  benefits  of  common  schools/'  approved  January 
17,  1849;  and 

Whereas,  Such  loans  were  made  by  mortgage  upon  lands  or  lots 
situate  within  the  county  for  which  such  school  commissioner  was 
elected,  and  provided  for  a  forfeiture  of  such  mortgaged  lands  or 
lots  in  the  case  that  the  interest  was  not  paid  in  advance  by  pro- 
ceedings in  the  circuit  court  of  such  county;  all  of  such  proceed- 
ings appear  of  record  on  the  dockets  of  the  clerk  of  such  circuit 
court;  and 

Whereas,  Many  congressional  township  fund  mortgages  ap- 
pear unsatisfied  during  the  period  between  January  23,  1829,  and 
January  17,  1849,  affecting  the  titles  of  the  present  innocent  hold- 
ers, for  which  they  should  have  relief,  for  remedy  whereof: 

Schools — Mortgages  on  Lands — Clerk  of  Court — Satisfac- 
tion of  Judgments. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  certificate  of  the  clerk  of  the  circuit  court  having 
jurisdiction  over  the  lands  or  lots  where  such  unsatisfied  mortgage 
appears,  that  he  has  examined  the  judgment  dockets  for  the  period 
covered  from  the  date  of  such  loan  to  November  1,  1851,  the  date 
of  adoption  of  the  second  constitution  of  the  State  of  Indiana  and 
that  there  being  no  forfeiture  of  the  land  or  lot  so  mortgaged,  shall, 
when  recorded  on  the  page  of  such  recorded  mortgage  be  deemed  a 
full  satisfaction  of  same. 

[p.  31,  Acts  1915.] 
Title  to  Lands — Auditor's  Deed  to  Quiet. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  whenever  it  shall  be  made  to  appear  by  proof 
to  the  satisfaction  of  any  county  auditor  of  any  county  in  this 
state  that,  by  reason  of  the  destruction  of  any  of  the  public  records- 
of  such  county  by  fire,  there  is  a  defect  in  or  a  break  in  the  chain 
of  the  title  of  the  owner  of  any  lands  in  school  sections  lying  wholly 
or  partially  within  such  county,  then  such  county  auditor  be  and 
is  hereby  authorized  to  execute  to  the  owner  of  such  lands  a  quit 
claim  deed  correcting  and  perfecting  the  title  of  such  owner  to 
such  land  in  so  far  as  such  title  is  rendered  defective  and  im- 
perfect by  reason  of  the  destruction  of  such  records  by  fire.  Such 
owner  shall  pay  all  the  necessary  expenses  incident  to  the  execu- 
tion of  such  deeds. 


19 

County  Coroners — Funds  Not  Called  For — Disposition. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  twelve  of  said  act  be  and  the  same  is  hereby 
amended  to  read  as  follows:  Section  12.  It  shall  be  the  duty  of 
the  treasurer  if  the  money  aforesaid  shall  not  be  called  for  within 
one  year  from  the  time  of  receiving  the  same,  to  place  said  sum  of 
money  to  the  credit  of  the  common  school  fund  principal,  and 
where  there  is  any  money  now  heretofore  loaned  by  the  county 
treasurer  on  account  of  the  provisions  of  this  act,  then  said  money, 
principal  and  interest  shall  become  a  part  of  the  common  school 
fund  of  the  state  as  soon  as  practicable.  (R.  S.  1914,  §9444.) 

When  the  property  found  on  the  body  is  not  claimed,  it  becomes  the 
property  of  the  school  fund  of  the  county.  State  v.  Board,  85  Ind.  489. 

Wills — Public  Bequests — Exempt  from  Taxation. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  when  any  money  or  property  is  given  by  will,  or 
otherwise,  to  any  executor  or  other  trustee  to  be  by  him  used  and 
applied  for  the  use  and  benefit  of  any  municipal,  educational, 
literary,  scientific,  religious  or  charitable  purpose  within  the  State 
of  Indiana,  and  the  money  or  property,  if  it  had  been  given  direct- 
ly for  any  such  purpose,  would  not  be  subject  to  taxation  under 
existing  laws,  then  and  in  all  such  cases,  such  money  or  property 
shall  be  exempt  from  all  taxation  while  in  the  hands  of  such 
executor  or  other  trustee :  Provided,  He  shall  be  diligently  and  in 
good  faith  endeavoring  to  carry  out  the  provisions  of  the  will  or 
other  trust  arrangement,  and  to  use  and  apply  such  money  or 
property  to  the  purpose  for  which  the  same  is  donated.  And  in  all 
such  cases  where  any  money  or  property  has  been  assessed  for 
taxation  to  any  executor  or  trustee  for  the  tax  year  1912,  the  taxes 
thereon  for  such  year  are  hereby  declared  to  be  void  and  shall  not 
be  collected,  and  for  such  year  and  all  subsequent  years  such 
money  or  property  shall  be  deemed  to  have  been  and  be  exempt 
from  all  taxation.  (R.  S.  1914,  §10151a.) 

[p.  34,  Acts  1915.] 
Guardian  and  Ward — Duties — Reports. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  nine  (9)  of  an  act  entitled  "An  act  touching 
the  relation  of  guardian  and  ward,"  approved  June  9,  1852,  and 
being  chapter  twelve  (12)  of  the  revised  statutes  of  1852,  of  the 


20 

State  of  Indiana,  be  and  the  same  is  amended  to  read  as  follows: 
Section  9.  It  shall  be  the  duty  of  every  guardian  of  any  minor: 
First.  To  make  out  and  file  within  three  (3)  months  after  his  ap- 
pointment, a  full  inventory,  verified  by  oath,  of  the  real  and  per- 
sonal estate  of  his  ward,  with  the  value  of  the  same,  and  the  value 
of  the  yearly  rent  of  the  real  estate;  and  failing  so  to  do,  it  shall 
be  the  duty  of  the  proper  court  to  remove  him,  and  appoint  a  suc- 
cessor. Second.  To  manage  the  estate  for  the  best  interest  of  his 
ward.  Third.  To  render  on  oath  to  the  proper  court  an  account 
of  his  receipts  and  expenditures  as  such  guardian,  verified  by 
vouchers  or  proof  at  least  once  in  every  two  years;  and  failing  so 
to  do,  unless  he  show  reasonable  cause  or  excuse  for  his  failure  to 
file  such  report  to  the  satisfaction  of  the  proper  court  such  guardian 
shall  receive  no  allowance  for  services,  and  be  liable  to  his  said 
ward  on  his  bond  for  damages  on  the  whole  amount  of  estate,  both 
real  and  personal,  in  his  hands  belonging  to  such  ward,  to  the 
amount  of  the  actual  loss  occasioned  by  the  failure  of  said  guardian 
to  file  said  report.  Fourth.  At  the  expiration  of  his  trust,  fully  to 
account  for  and  pay  over  to  the  proper  person,  all  of  the  estate  of 
said  ward  remaining  in  his  hands.  Fifth.  To  pay  all  just  debts 
due  from  such  ward,  out  of  the  estate  in  his  hands,  and  collect  all 
debts  due  such  ward;  and  in  case  of  doubtful  debts,  to  compound 
the  same,  and  appear  for  and  defend,  or  cause  to  be  defended,  all 
suits  against  such  ward.  Sixth.  When  any  ward  has  no  father  or 
mother,  or  such  father  or  mother  is  unable,  or  fails  to  educate  such 
ward,  it  shall  be  the  duty  of  his  guardian  to  provide  for  him  such 
education  as  the  amount  of  his  estate  may  justify. 

County  Superintendents — Extension  of  Term. 

SECTION  1.  Be  it  enacted  by  the  general'  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows :  Section  1 .  The  township  trustees  of  each  coun- 
ty of  this  state  shall  meeet  at  the  office  of  the  auditor  of  their 
county  on  the  first  Monday  in  June,  1917,  at  10  o'clock  a.  m.,  and 
every  four  years  thereafter,  and  elect  by  ballot  a  county  superin- 
tendent for  their  county.  Such  county  superintendent  shall  enter 
upon  the  duties  of  his  office  on  August  16th  following  and  unless 
sooner  removed,  shall  hold  his  office  until  his  successor  is  elected 
and  qualified.  Before  entering  upon  the  duties  of  his  office  he 
shall  subscribe  and  take  an  oath  to  perform  faithfully  such  duties 
according  to  law;  which  oath  shall  be  filed  with  the  county  auditor. 
He  shall  also  execute  a  bond,  to  the  approval  of  the  county  audi- 


21 

tor,  payable  to  the  State  of  Indiana,  in  the  penal  sum  of  five  thou- 
sand dollars,  conditioned  upon  the  faithful  discharge  of  his  duties, 
according  to  law,  and  faithfully  to  account  for  and  pay  over  to 
the  proper  persons  all  moneys  which  may  come  into  his  hands  by 
virtue  of  such  office.  As  soon  as  such  bond  be  filed,  the  county 
auditor  shall  report  the  name  and  postoffice  of  the  person  so  elected 
to  the  state  superintendent  of  public  instruction.  Whenever  a 
vacancy  may  occur  in  the  office  of  county  superintendent  the  said 
township  trustees,  on  at  least  three  days'  notice  given  by  the 
county  auditor,  shall  assemble  at  10  o'clock  a.  m.,  on  the  day 
designated  in  such  notice  at  the  office  of  such  auditor,  and  fill 
such  vacancy  by  ballot  for  the  unexpired  term.  In  all  elections  of 
a  county  superintendent  the  county  auditor  shall  be  the  clerk  of 
such  election;  and  in  case  of -a  tie  vote  the  auditor  shall  cast  the 
deciding  vote.  In  case  any  one  candidate  shall  receive  a  number 
of  votes  equal  to  one-half  of  all  the  trustees  of  the  county  the 
county  auditor  shall  then  and  at  all  subsequent  ballots  cast  his 
vote  with  the  trustees  until  some  candidate  shall  receive  a  ma- 
jority of  all  the  votes  in  the  county,  including  the  county  auditor. 
Such  auditor  shall  keep  a  record  of  such  election  in  a  book  kept  for 
that  purpose.  (R.  S.  1914,  §6376.) 

County  Superintendents — Additional  Salary. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  counties  containing  more  than  seventy-seven 
thousand  inhabitants,  according  to  the  last  preceding  United 
States  census,  the  board  of  county  commissioners  of  each  of  such 
counties  shall  be,  and  hereby  is,  authorized,  upon  the  petition  of 
fift}^  resident  freeholders  of  such  county  to  allow  an  addition  to 
the  salary  of  the  county  superintendent  of  schools  therein,  such  as 
in  the  judgment  of  such  board  the  conditions  in  such  county  and 
the  work  required  of  such  superintendent  therein  may  justify,  not 
exceeding  one  thousand  dollars  a  year  payable  to  such  county 
superintendent  of  schools  in  monthly  installments  out  of  the 
treasury  of  the  county.  (R.  S.  1914,  §6400a.) 

Public  Playgrounds  and  Public  Baths — How  Established. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  board  of  health  and  charities  in  cities  of  the 
first  class,  in  this  state,  and  the  board  of  health  and  charities  or 
the  board  of  school  commissioners,  or  board  of  school  trustees,  in 


22 

cities  of  the  second,  third,  fourth  and  fifth  classes,  in  this  state,  be 
and  the  same  are  hereby  authorized  to  establish,  maintain  and 
equip  public  playgrounds,  public  baths  and  public  comfort  sta- 
tions in  said  cities.  That  the  boards  of  school  commissioners  and 
boards  of  school  trustees  or  boards  of  health  and  charities  in  such 
cities  are  hereby  authorized  to  use,  and  to  permit  the  use  of,  any 
public  grounds  or  buildings  under  their  control  as  in  their  judg- 
ment may  be  required,  or  adaptable,  pursuant  to  the  provisions 
and  for  the  purpose  designated  in  this  act.  And  such  boards  are 
hereby  authorized  to  lease  or  purchase  grounds,  additional  to  such 
public  grounds,  either  adjacent  thereto  or  else  where  in  such  cities; 
and  such  boards  are  hereby  empowered,  pursuant  to  the  laws  of 
eminent  domain  now  or  hereafter  in  force  within  this  state,  to  con- 
demn real  estate  to  be  used  for  the  purposes  herein  expressed  and 
to  pay  for  such  real  estate  so  condemned  out  of  the  revenue  here- 
inafter provided  for  in  this  act.  (R.  S.  1914,  §6555  rl.) 

How  Controlled. 

SEC.  2.  Such  boards  shall  have  full  control  and  custody  of  all 
such  playgrounds,  baths  and  comfort  stations,  including  the  polic- 
ing and  preservation  of  order  thereon,  and  may  adopt  suitable 
rules,  regulations  and  by-laws  for  the  control  thereof,  and  the 
conduct  of  children  and  other  persons  while  on  and  using  the  same, 
and  may  enforce  the  same  by  suitable  penalties.  Such  boards 
shall  appoint  a  commissioner  of  public  playgrounds,  public  baths 
and  public  comfort  stations,  whose  duty  it  shall  be  to  superin- 
tend and  manage  the  work,  to  select  directors  and  assistants,  who 
while  on  duty,  and  for  the  purpose  of  preserving  order  and  the  ob- 
servance of  the  rules,  regulations  and  by-laws  of  the  said  boards 
shall  have  the  powers  and  authorities  of  police  officers  of  the  re- 
spective cities  in  and  for  which  they  were  severally  appointed. 
The  compensation  for  such  employes  shall  be  fixed  by  such  boards. 
(R.  S.  1914.  §6555  si.) 

Expenses — How  Paid. 

SEC.  3.  All  the  expenses  necessarily  incurred  in  carrying  out 
the  provisions  of  this  act  shall  be  borne  by  such  civil  cities.  The 
common  councils  of  such  cities  of  the  first  class  shall  and  cities  of 
the  second,  third,  fourth  and  fifth  classes  may,  annually,  be- 
ginning in  1913,  levy  the  sum  of  not  less  than  one  (1)  cent  nor 
more  than  two  (2)  cents  on  each  hundred  dollars  ($100.00)  of 


23 

taxables  within  such  cities  to  create  the  sum,  to  be  known  as  the 
"recreation  fund,"  to  be  expended  by  such  boards  in  carrying  out 
the  provisions  of  this  act.  Such  funds  shall  under  no  circum- 
stances be  used  for  any  other  purposes,  but  for  the  purposes  afore- 
said, shall  be  subject  to  the  warrant  of  the  proper  city  official  with- 
out any  further  appropriation.  (R.  S.  1914,  §6555  tl.) 

Repeal. 

SEC.  4.  All  laws  and  parts  of  laws  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

[p  41,  Acts  of  1915.] 
Art  Associations — School  Board — Payments  to  Maintain. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  any  city  having  more  than  one  hundred  thou- 
sand inhabitants  according  to  the  last  preceding  United  States 
census  wherein  there  now  is  or  hereafter  shall  be  an  art  association 
which  is  incorporated  under  the  laws  of  the  State  of  Indiana  with- 
out stock  and  without  purpose  of  gain  to  its  members,  but  or- 
ganized for  the  purpose  of  maintaining  a  permanent  art  gallery  in 
said  city  and  encouraging  and  promoting  education  in  the  fine 
and  industrial  arts  and  which  owns  buildings,  grounds,  works  of 
art  and  other  proper  equipment  for  the  study  of  art  in  said  city, 
it  shall  be  the  duty  of  the  school  city  of  such  city  and  of  the  board 
of  school  commissioners  of  such  city,  if  any,  to  pay  such  art  as- 
sociation annually  in  quarterly  installments  a  sum  equal  to  one- 
quarter  of  one  cent  on  each  one  hundred  dollars  of  the  taxables 
of  said  city  as  valued  on  the  tax  duplicate  for  the  year  next  be- 
fore the  date  of  each  such  payment :  Provided,  Such  art  associa- 
tion has,  by  proper  resolution,  adopted  by  its  board  of  direc- 
tors or  other  governing  body,  accepted  all  the  provisions  of  this 
act  and  filed  a  certified  copy  of  such  resolution  with  said  school 
city  or  board  of  school  commissioners  of  said  city  prior  to  the 
date  of  any  such  payment. 

School  Officers — Board  of  Visitors. 

SEC.  2.  No  such  art  association  shall  be  entitled  to  receive 
any  of  the  payments  so  hereinabove  provided  for  until  it,  by  a 
proper  resolution  adopted  by  its  board  of  directors  or  other  gov- 
erning body,  shall  have  tendered  to  said  school  city,  or  board  of 
school  commissioners  (1)  the  right  to  appoint  the  superintendent 


24 

of  the  common  schools  of  said  school  city  and  the  director  of  art 
instruction  of  said  school  city,  if  any  such  there  be,  as  visitors 
having  the  privilege  of  attending  all  meetings  of  the  board  of 
directors  or  other  governing  body  of  said  art  association  to  the  end 
that  they  may  be  advised  as  to  the  work  done  and  proposed  to  be 
done  by  said  association;  (2)  the  right  to  nominate  for  membership 
in  such  board  of  directors  or  other  governing  body  persons  of 
whom  at  least  two  shall  be  elected;  (3)  the  right  of  free  admission 
for  all  school  children  and  teachers  of  said  school  city  to  its 
museum  and  galleries  and  to  not  fewer  than  fifty  lectures  an- 
nually on  the  fine  and  applied  arts;  (4)  the  right  to  use  at  all 
reasonable  times  and  in  all  reasonable  ways  the  association's 
plant,  equipment  and  facilities  for  education  in  art,  consistently 
with  their  use  by  such  association  and  in  connection  therewith  the 
right  to  use  at  all  reasonable  times  and  in  all  reasonable  ways,  un- 
der the  association's  direction,  its  executive  and  teaching  staffs 
consistently  with  their  established  duties  to  the  association; 

(5)  normal  instruction  in  the  fine  and  applied  arts  which  at  half 
the  regular  rates  charged  by  said  association  for  like  instruction 
may  be  availed  of  by  all  teachers  under  the  jurisdiction  and  em- 
ployment of  said  school  city  or  board  of  school  commissioners; 

(6)  the  loan  to  such  school  city  or  board  of  school  commissioners 
from  the  association's  collection  and  equipment  of  suitable  and 
available  works  of  art,  reproductions  and  photographs  for  temp- 
orary exhibitions  in  the  city's  schools  to  aid  and  supplement  the 
teaching  in  such  schools;  (7)  and  such  exhibitions  in  its  museum 
as  will  supplement  and  illustrate  the  work  of  the  school  children 
and  teachers  under  the  authority  and  jurisdiction  of  said  school 
city  or  board  of  school  commissioners.    A  copy  of  said  resolution 
duly  certified  by  the  president  and  secretary  of  the  said  art  as- 
sociation shall  be  filed  in  the  office  of  the  school  city  or  of  the 
board  of  school  commissioners  as  a  condition  precedent  to  the 
receipt  by  the  association  of  any  such  payments. 

Acceptance  of  Provisions. 

SEC.  3.  Be  it  further  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  any  city  such  as  is  designated  in  the  first 
section  of  this  act,  wherein  there  now  is  or  hereafter  shall  be  an  art 
association  which  is  incorporated  and  organized  in  the  manner  and 
for  the  purpose  stated  in  the  first  section  of  this  act,  and  which 
owns  building,  grounds,  works  of  art  or  other  proper  equipment 
for  the  study  of  art  in  said  city,  it  shall  be  the  duty  of  the  said 


25 

city  to  pay  such  art  association  annually  in  quarterly  install- 
ments a  sum  equal  to  one  quarter  of  one  cent  on  each  one  hundred 
dollars  of  taxables  of  said  city  as  valued  on  the  tax  duplicate  of 
said  city  for  the  year  next  before  the  date  of  each  such  payment 
provided  such  art  association  has,  by  a  proper  resolution  adopted 
by  its  board  of  directors  or  other  governing  body,  accepted  all  the 
provisions  of  this  act  and  filed  a  certified  copy  of  said  resolution 
with  the  comptroller  of  said  city  prior  to  the  date  of  any  such 
payment. 

Mayor  and  Comptroller — Attend  Meetings. 

SEC.  4.  No  such  art  association  shall  be  entitled  to  receive  any 
of  the  payments  provided  for  in  section  3  until  such  art  associa- 
tion by  a  proper  resolution  adopted  by  its  board  of  directors  or 
other  governing  body,  shall  have  granted  to  the  mayor  and  the 
comptroller  of  said  city  the  right  to  attend  all  the  meetings  of  the 
board  of  directors  or  other  governing  body  of  said  art  association 
to  the  end  that  the  said  city  may  at  all  times  be  advised  as  to  the 
work  done  and  proposed  to  be  done  by  said  art  association  and  the 
right  to  nominate  for  membership  in  such  board  of  directors  or 
other  managing  body  persons  of  whom  at  least  two  shall  be  elected; 
and,  as  further  consideration  for  the  benefits  to  be  received  from 
said  city  by  reason  of  such  payments,  shall  have  granted  to  all  the 
inhabitants  of  said  city  the  right  to  be  admitted  free  to  its  museum 
and  art  galleries  each  Saturday  and  Sunday  during  the  usual 
hours.  A  copy  of  such  resolution  duly  certified  by  the  president 
and  secretary  of  the  art  association  shall  be  filed  with  the  comp- 
troller of  said  city  as  a  condition  precedent  to  the  receipt  by  the 
association  of  any  such  payments. 

Resolutions  in  Force. 

SEC.  5.  After  any  such  art  association  shall  have  once  filed 
respectively  with  the  school  city  or  the  board  of  school  com- 
missioners and  with  the  city  comptroller  the  resolution  herein- 
above  provided  for,  it  shall  not  be  required  to  renew  the  same 
from  year  to  year  but  each  such  original  resolution  shall  continue 
and  remain  in  force  for  the  purposes  named  until  by  like  resolu- 
tion likewise  certified  and  filed  any  such  original  resolution  shall 
be  revoked  or  rescinded. 

Agreement  in  Force. 

SEC.  6.    So  long  as  any  such  art  association  shall  do  and  per- 


26 

form  all  and  singular  the  things  by  it  so  agreed  to  be  performed  as 
considerations  for  the  benefits  to  be  received  by  it  under  this  act, 
or  shall  continue  to  be  able,  willing  and  ready  to  perform  the  same, 
it  shall  be  entitled  to  receive  the  said  several  payments  herein 
provided  for. 

One  Association  to  Participate — How  Chosen. 

SEC.  7.  If  at  any  time  it  shall  transpire  that  in  any  city  such 
as  is  designated  in  the  first  section  of  this  act  more  than  one  art 
association  such  as  is  designated  in  that  section  shall  have  quali- 
fied as  hereinbefore  required  to  perform  the  several  public  serv- 
ices in  this  act  mentioned  nevertheless  the  moneys  in  this  act 
authorized  and  directed  to  be  paid  by  said  city  and  by  said  school 
city  shall  be  paid  to  but  one  of  such  associations.  In  such  event 
the  particular  association  to  which  said  moneys  shall  be  paid 
shall  be  the  one  selected  by  both  the  mayor  of  said  city  and  by  the 
managing  body  of  said  school  city  by  formal  corporate  action,  as 
the  association  best  qualified  and  equipped  to  perform  and  render 
said  several  public  services.  Nothing  in  this  act  shall  be  con- 
strued as  limiting  the  power  of  the  general  assembly  to  repeal  this 
act  at  any  time. 

Schools— Cities  First  Class— Right  to  Issue  Bonds. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State 
of  Indiana,  That  the  common  school  corporation  in  each  city 
of  this  state  of  one  hundred  thousand,  or  more,  inhabitants,  ac- 
cording to  the  last  preceding  United  States  census,  shall  in  addi- 
tion to  all  other  powers  granted  it  by  law,  have  power  to  borrow 
money  and  issue  its  bonds  therefor  as  hereinafter  provided,  viz: 
Each  such  common  school  corporation  is  hereby  authorized  and 
empowered  to  issue  and  sell  its  bonds,  in  such  amounts  and 
denominations  as  the  board  of  school  commissioners  thereof  may 
deem  advisable,  but  not  a  face  amount  in  the  aggregate  in  excess 
of  five  hundred  thousand  dollars  ($500,000)  principal,  for  the  pur- 
pose of  realizing  money  to  be  used  in  paying  for  the  construction 
of  a  library  building,  or  library  buildings,  for  a  main  library  or 
branch  libraries,  or  both,  and  in  paying  for  the  equipping  of 
such  building  or  buildings  and  for  the  improvement  of  the  grounds 
surrounding  such  buildings.  Such  bonds  shall  be  known  as  "li- 
brary building  bonds,"  and  they  shall  bear  interest  at  a  rate  not 
exceeding  four  and  one-half  (4  1-2)  per  centum  per  annum,  and 


27 

the  interest  shall  be  paid  semi-annually.  Such  bonds  shall  be  sold 
by  the  school  city  issuing  them  at  not  below  par  and  shall  mature 
not  more  than  forty  (40)  years  from  their  date.  They  may  be  is- 
sued all  at  one  time  or  from  time  to  time,  but  in  no  event  in  an 
aggregate  principal  sum  of  more  than  five  hundred  thousand  dol- 
lars ($500,000).  No  bond  issued  under  the  authority  of  this  act 
shall  be  delivered  until  the  money  therefor  shall  have  been  paid  to 
the  treasurer  of  the  school  city  issuing  it  and  interest  thereon  shall 
begin  to  accrue  at  the  time  of  such  delivery.  Preparatory  to  offer- 
ing any  such  bonds  for  sale  by  any  such  school  city,  its  board  of 
school  commissioners  shall  give  notice  for  not  less  than  three 
weeks  of  the  date  fixed  for  the  sale  and  in  the  notice  give  a  brief 
description  of  the  bonds  and  of  the  mode  of  bidding,  and  inviting 
bids.  Such  notice  shall  be  by  advertisement,  one  time  each  week 
for  three  successive  weeks,  in  one  newspaper  published  in  the  city 
wherein  the  school  corporation  is  located  and  in  one  newspaper 
published  in  the  city  of  New  York,  and  by  such  other  method  of 
advertising,  if  any,  as  the  board  of  school  commissioners  may  pre- 
scribe. The  said  board  shall  sell  the  bonds  to  the  highest  and  best 
bidder,  reserving,  however,  in  its  advertisements  and  notices,  the 
right  to  reject  any  and  all  bids.  The  proceeds  arising  from  all 
sales  of  bonds,  made  in  pursuance  of  this  act,  shall  be  kept  in  a 
separate  fund  and  to  be  known  as  the  "library  building  fund" 
and  be  used  only  for  the  purposes,  or  for  some  one  or  more  of  the 
purposes,  .hereinbefore  referred  to  as  objects  for  which  such  bonds 
are  authorized  to  be  issued.  (R.  S.  1914,  §6548.) 

This  act  supersedes  the  act  of  1903,  as  amended  by  act  of  1907,  being  sec- 
tion 6548,  R  S.  1908.  Issue  of  bonds  legalized,  Acts  1913,  p.  264. 

Bonds  issued  by  the  school  corporations  of  cities  of  100,000  are  not  reck- 
oned as  debts  of  the  civil  city  in  determining  the  amount  of  the  indebtedness 
of  such  city.  Campbell  v.  City  of  Indianapolis,  155  Ind.  186,  57  N.E.  Rep. 
920. 

Cities — Second  Class — Public  Playgrounds. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  board  of  school  trustees  in  cities  having  not  less 
than  sixty-three  thousand  (63,000)  nor  more  than  sixty-nine  thou- 
sand (69,000)  population  according  to  the  last  preceding  United 
States  census  be  and  the  same  are  hereby  authorized  to  establish 
maintain  and  equip  public  playgrounds  in  such  cities.  That  the 
board  of  park  commissioners  in  such  cities,  are  hereby  authorized 
to  permit  the  use  of  any  public  grounds  under  their  control  for 


28 

p'ayground  purposes,  and  if  in  their  judgment  deemed  neces- 
sary, may  acquire  and  maintain  suitable  grounds  specially  for  such 
purposes.  (R.  S.  1914,  §6555  ul.) 

Under  Control  School  Boards. 

SEC  2.  Such  school  boards  shall  have  full  control  and  custody 
of  all  such  playgrounds,  including  the  policing  and  preservation  of 
order  thereof,  and  may  adopt  suitable  rules,  regulations  and  by- 
laws for  the  control  thereof,  and  the  conduct  of  the  children  and 
other  persons  while  on  or  using  the  same,  and  may  enforce  the 
same  by  suitable  penalties.  Such  school  board  shall  appoint 
directors,  teachers  and  assistants,  whose  duty  it  shall  be  to  superin- 
tend and  manage  said  playgrounds,  and  to  preserve  order  and  ob- 
servance of  rules,  regulations  and  by-laws  of  said  school  board. 
The  Compensation  for  such  employes  herein  shall  be  fixed  by  said 
school  boards.  (R.  S.  1914,  §6555  vl.) 

Expenses — How  Paid. 

SEC.  3.  All  the  expenses  necessarily  incurred  in  carrying  out 
the  provisions  of  this  act  shall  be  borne  by  the  civil  city.  The 
common  council  of  such  city  shall  annually,  beginning  in  1913, 
levy  the  sum  of  not  less  than  one  cent  nor  more  than  two  cents  on 
each  one  hundred  dollars  $(100.00)  of  taxables  within  said  city  to 
create  the  sum  to  be  known  as  the  "Playground  Fund,"  and  to  be 
expended  by  such  school  board  in  the  carrying  out  of  the  provisions 
of  this  act.  Such  funds  shall  under  no  circumstances  be  used  for 
any  other  purposes,  but  for  the  purpose  aforesaid  and  shall  be  sub- 
ject to  the  warrant  of  the  school  boards  without  any  further 
appropriation.  The  duty  of  making  such  levy  shall  be  performed, 
regardless  of  any  limit  now  existing  by  law  in  the  tax  levying  power 
of  such  city.  (R.  S.  1914,  §6555  wl.) 

Cities — Second  Class — Government  of  Schools. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  government  of  the  common  schools  in  cities 
having  a  population  of  more  than  sixty-three  thousand  inhabitants 
and  less  than  sixty-none  thousand  inhabitants,  according  to  the 
last  preceding  United  States  census,  shall  be  vested  in  a  board  of 
school  trustees,  which  shall  consist  of  three  members,  elected  in 
the  manner  hereinafter  provided.  (R.  S.  1914,  §6504  n.) 


29 

School  Corporations — Separate  from  Civil  Corporations. 

SEC.  2.  Such  cities  are  hereby  declared  to  be  and  are  made 
school  corporations  for  school  purposes,  separate  and  distinct 
from  the  civil  corporations  of  the  same  cities,  and  shall  be  known 
and  designated  as  the  school  city  of  (naming  the  city);  and  the 
several  boards  of  school  trustees  of  such  cities  shall  represent  and 
be  vested  with  all  the  authority  and  powers  of  school  cities,  and 
with  the  management  and  control  of  the  common  schools  thereof. 
(R.  S.  1914,  §6504  o.) 

General  School  Laws  Applicable. 

SEC.  3.  The  general  school  laws  of  this  state  and  all  laws  and 
parts  of  laws,  applicable  to  the  general  system  of  common  schools 
in  cities,  and  not  inconsistent  therewith,  shall  be  in  full  force  in 
such  cities;  and  such  boards  of  school  trustees  shall  also  have  and 
exercise  all  the  powers  heretofore  and  hereafter  conferred  upon  the 
school  trustees  of  the  same  or  other  cities  of  the  state.  (R.  S. 
1914,  §6504  p.) 

Qualifications  of  School  Board. 

SEC.  4.  The  members  of  such  board  of  school  trustees  shall 
be  at  least  twenty-five  years  of  age,  residents  of  the  city,  and  shall 
have  been  such  residents  of  the  city  for  at  least  three  years  im- 
mediately preceding  their  election.  They  shall  be  ineligible  to  any 
elective  or  appointive  office  under  such  board  of  school  trustees 
and  under  the  government  of  such  city  while  holding  membership 
on  said  board.  They  shall  not  be  interested  in  any  contract  with, 
or  claim  against  the  school  city  in  which  they  are  elected,  either  di- 
rectly or  indirectly :  Provided,  That  this  act  shall  not  be  construed 
to  prevent  anyone,  otherwise  eligible,  who  is  connected  as  officer  or 
stockholder  in  financial  institutions  holding  school  fund  deposits 
under  the  state  depository  law  from  holding  such  office  as  school 
trustee.  If  at  any  time  after  the  election  of  any  member  of  said 
board,  he  shall  become  interested  in  any  such  contract  with,  or 
claim  against  said  school  city,  he  shall  thereupon  be  disqualified 
to  continue  as  a  member  of  said  board,  and  a  vacancy  shall  thereby 
be  created.  Every  member  of  said  board  shall,  before  assuming 
the  duties  of  his  office,  take  an  oath  before  some  one  qualified  to 
administer  oaths  that  he  possesses  all  the  qualifications  required 
by  this  act,  that  he  will  honestly  and  faithfully  discharge  the  duties 
of  his  office,  that  he  will  not  while  serving  as  a  member  of  such 


30 

board,  become  interested  directly  or  indirectly,  in  any  contract 
with,  or  claim  against  said  school  city,  and  that  he  will  not  be  in- 
fluenced during  his  term  of  office,  by  any  consideration  of  politics 
or  religion,  or  anything  except  that  of  merit  and  fitness  in  the 
appointment  of  officers  and  the  engagement  of  employes.  Each 
member  of  such  board  of  school  trustees  shall  receive  for  his  serv- 
ices herein  such  compensation  as  the  common  council  of  the  city 
shall  fix,  which  compensation  shall  be  paid  out  of  the  special  school 
revenue  of  the  city.  (R.  S.  1914,  §6504q.) 

How  Elected. 

SEC.  5.  The  said  board  of  school  trustees  shall  be  elected  as 
follows:  The  common  council  of  each  city  coming  under  the  pro- 
visions of  this  act  shall  annually  hereafter  at  a  regular  meeting 
of  such  common  council  in  the  month  of  June,  elect  one  school 
trustee,  who  shall  hold  office  for  a  term  of  three  years,  from  the  first 
day  of  the  next  succeeding  August.  Such  trustee  together  with 
those  whose  terms  of  office  have  not  expired  shall  meet  within  five 
days  after  the  first  day  of  August,  1913,  and  annually  thereafter, 
and  organize  by  electing  one  of  their  number  president,  one  sec- 
retary, and  one  treasurer.  The  treasurer,  before  entering  upon  the 
duties  of  his  office,  shall  execute  a  bond  to  the  acceptance  of  the 
county  auditor,  in  the  sum  of  fifty  thousand  dollars,  conditioned 
as  an  ordinary  official  bond,  with  a  reliable  surety  company  or  at 
least  two  sufficient  freehold  sureties,  who  shall  not  be  members  of 
such  board,  as  surety  or  sureties  on  such  bond.  The  president 
and  secretary  shall  each  give  bond,  with  like  surety  or  sureties,  to 
be  approved  by  the  county  auditor,  in  the  sum  of  twenty-five 
thousand  dollars:  Provided,  That  such  boards  of  school  trustees 
may  purchase  said  bonds  from  some  reliable  surety  company,  and 
pay  for  them  out  of  the  special  school  revenue  of  their  respective 
cities.  All  vacancies  that  may  occur  in  said  board  of  school 
trustees  shall  be  filled  by  the  common  council  at  any  regular  meet- 
ing, but  such  election  to  fill  a  vacancy  shall  only  be  for  the  unex- 
pired  term :  and  Provided  further,  That  the  present  incumbents  of 
the  offices  of  school  trustees  in  any  cities  coming  under  the  pro- 
vision of  this  act  shall  hold  their  offices  until  the  expiration  of  the 
terms  for  which  they  have  been  elected  or  appointed.  (R.  S.  1914, 
§6504  r.) 

Applies  to  Other  Cities — When. 

SEC.  6.    Whenever  any  city  which  has  not  the  requisite  popu- 


31 

lation  to  bring  it  within  the  provision  of  this  act  shall,  according 
to  any  United  States  census  hereafter  taken,  have  a  population 
of  more  than  sixty-three  thousand  inhabitants  and  less  than  sixty- 
nine  thousand  inhabitants,  then  this  act  shall  in  all  respects  ap- 
ply to  and  govern  such  city  from  thenceforth.  (R.  S.  1914,  §6504  s.) 

Pending  Litigation — Present  Members. 

SEC.  7.  The  intendment  of  this  act  is  and  shall  be  that  it  shall 
not  effect  any  impending  litigation  but  the  same  shall  be  con- 
cluded and  judgment  rendered  and  enforced  as  if  this  act  had  never 
been  passed  and  that  all  school  trustees,  in  cities  coming  under  the 
provisions  of  this  act,  who  are  now  serving  unexpired  terms  in  such 
office,  shall  fill  out  such  unexpired  terms  under  the  provisions  of 
this  act  the  same  as  if  they  had  been  elected  to  such  office  under 
the  provisions  of  this  act.  (R.  S.  1914,  §6504  t.) 

Schools — Cities  of  Fifth  Class — Charge  of  Public  Library. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  1  of  an  act  entitled  "An  act  to  amend  an 
act  entitled  'An  act  to  establish  public  libraries  in  connection  with 
the  common  schools  in  all  cities  of  10,000  or  more  inhabitants,  and 
to  define  the  duties  and  powers  of  boards  of  school  trustees, 
etc.,  in  relation  thereto,'  approved  March  7,  1881,  to  extend  the 
provisions  of  said  act  to  all  cities  and  incorporated  towns  in  the 
state." 

That  in  all  the  cities  and  incorporated  towns  of  this  state  the 
board  of  school  trustees,  board  of  school  commissioners,  or  what- 
ever board  may  be  established  by  law  to  take  charge  of  the  public 
or  common  schools  of  said  city  or  incorporated  town,  shall  have 
power,  if  in  their  discretion  they  deem  it  to  the  public  interest,  to 
establish  a  free  public  library  in  connection  with  the  common 
schools  of  said  city  or  incorporated  town,  and  to  make  such  rules 
and  regulations  for  the  care  and  protection  and  government  of 
such  library  and  for  the  care  of  the  books  provided  therefor,  and 
for  the  taking  from  and  returning  to  said  library  of  such  books  as 
the  said  board  may  deem  necessary  and  proper;  and  to  provide 
penalties  for  the  violation  thereof:  Provided,  That  in  any  city  or 
incorporated  town  where  there  is  already  established  a  library 
open  to  all  the  people  no  tax  shall  be  levied  for  the  purpose  here- 
in named:  Provided  further,  That  in  all  cities,  having  accord- 
to  the  last  preceding  United  States  census  no  less  than  four 


32 

thousand  (4,000)  nor  more  than  four  thousand  five  hundred(4,500) 
population,  in  which  there  is  a  public  library  open  to  all  the  peo- 
ple already  established  under  the  library  laws  of  this  state,  sup- 
ported in  whole  or  in  part  by  taxation,  such  board  of  school  trus- 
tees, board  of  school  commissioners,  or  other  board  established  by 
law  to  take  charge  of  the  public  or  common  schools  of  said  city  01 
incorporated  town,  shall  have  the  power,  by  and  with  the  con- 
sent of  the  public  library  board  in  charge  of  such  library  already 
established,  to  take  over,  receive  and  take  full  charge  of  such  es- 
tablished library,  together  with  all  the  property,  whether  real, 
personal  or  mixed,  and  support,  maintain  and  operate  such 
library  the  same  as  if  such  library  had  been  originally  established 
by  such  board,  and  for  the  purpose  of  supporting,  maintaining,  in- 
creasing and  operating  such  library,  such  board  shall  have  the 
power  and  authority  to  receive  gifts  and  donations,  and  shall  have 
the  same  power  of  taxation  as  vested  by  law  in  the  public  library 
board  from  which  such  library  was  taken  over  and  received. 
(R.  S.  1914,  §6642.) 

[p.  604,  Acts  1915.] 

Schools — Cities  Fifth   Class — Abandoned   School  Property 
—Parks. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  oj 
Indiana,  That  in  any  city  of  the  fifth  class  within  the  state  in 
which  the  school  corporations  of  such  cities  have  heretofore  pur- 
chased in  the  name  of  said  school  corporations  real  estate  to  be 
used  for  school  purposes,  and  the  use  of  which  real  estate  shall 
have  since  been  abandoned  for  school  purposes,  it  shall  be  lawful 
for  the  school  trustees  of  said  school  corporations  to  authorize 
the  use  of  such  real  estate  for  park  purposes,  in  the  manner  and 
as  provided  by  this  act. 

Permitting  Use  by  City. 

SEC.  2.  No  money  shall  be  expended  out  of  the  school  corp- 
oration treasury  for  the  maintenance  of  such  abandoned  schoo' 
grounds  for  park  purposes,  but  the  board  of  school  trustees  ol 
any  school  corporation  in  cities  of  the  fifth  class  owning  such 
abandoned  school  grounds  may  by  an  order  entered  of  record 
permit  the  use  of  such  abandoned  school  grounds  by  any  city  oi 
the  fifth  class  for  park  purposes,  fixing  in  such  order  the  condi- 
tions, restrictions  and  limitations  within  which  such  city  of  the 


33 

fifth  class  may  take  and  use  such  abandoned  school  grounds  for 
such  park  purposes. 

Acceptance  by  Council — Maintenance. 

SEC.  3.  Any  city  of  the  fifth  class  within  this  state  may  by  an 
ordinance  of  the  common  council,  accept  from  the  school  corpora- 
tion of  any  such  city  the  use  of  any  real  estate,  being  abandoned 
school  grounds,  as  hereinbefore  provided,  or  any  such  city  may  by 
ordinance  of  the  common  council  accept  from  any  person  or  per- 
sons for  any  definite  time  not  less  than  five  years  the  use  of  any 
real  estate  in  such  city  formerly  used  for  cemetery  purposes,  hav- 
ing been  abandoned  and  the  bodies  having  been  removed  there- 
from, and  any  such  city  is  hereby  given  the  right,  power  and 
authority  through  their  common  councils,  to  use  and  maintain  and 
keep  in  condition  any  such  real  estate  for  park  purposes  for  the 
use  of  the  general  public,  in  the  manner  and  under  the  same  con- 
ditions and  restrictions  and  limitations  as  are  now  fixed  and  pro- 
vided by  law  for  the  use  and  control  and  maintenance  of  park 
properties  by  such  cities,  in  every  way  and  to  the  same  extent  as  if 
the  city  owned  said  real  estate  in  its  own  name  and  right;  and  such 
cities  of  the  fifth  class  shall  have  the  power  and  authority  to  ac- 
cept by  city  ordinance  such  real  estate  for  park  purposes  under  the 
order  of  the  school  trustees  of  the  school  corporation,  as  herein 
provided,  or  from  such  person  or  persons. 

SEC.  4.  The  title  to  such  real  estate  shall  remain  in  the 
school  corporation,  and  the  use  by  cities  of  the  fifth  class  shall 
continue  so  long  as  such  cities  continue  to  maintain  such  real  es- 
tate as  a  public  park. 

Abandonment  for  Park  Purposes. 

SEC.  5.  If  at  any  time  after  such  real  estate  has  been  accepted 
for  park  purposes,  as  aforesaid,  such  cities  shall  abandon  the  use 
of  such  real  estate  for  park  purposes,  it  shall  be  lawful  for  the 
school  trustees  of  such  school  corporation  so  owning  said  real 
estate,  to  take  possession  of  said  real  estate,  and  to  sell  and  con- 
vey said  real  estate  in  the  manner  now  or  hereafter  provided  by 
law. 

[p.  73,  Acts  1915.] 

Schools — Trustees  Elected — Terms. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  be  amended  to  read  as  follows: 

3 — 4343 


34 

Section  1.  That  the  common  council  of  each  city  and  the  board 
of  trustees  of  each  incorporated  town  of  this  state  shall  at  a  regular 
meeting  of  such  common  council  or  board  of  trustees,  after  the  in- 
corporation of  such  city  or  town  elect  three  school  trustees,  who 
shall  hold  their  offices,  one,  two  and  three  years,  respectively, 
from  and  after  the  first  day  of  the  next  succeeding  August.  The 
term  of  each  of  said  trustees  shall  be  determined  by  lot  at  the  time 
of  such  election  by  such  common  council  or  board  of  trustees,  and 
annually  thereafter  the  common  councils  of  each  city  and  the 
board  of  trustees  of  each  incorporated  town,  at  their  regular  meet- 
ings in  the  month  of  June,  shall  e'ect  one  school  trustee,  who  shall 
hold  his  office  for  three  years  from  the  first  day  of  the  next  suc- 
ceeding August.  Such  trustees  shall  constitute  the  school  board 
of  the  city  or  town  and  before  entering  upon  the  duties  of  their 
offices  they  shall  take  an  oath  faithfully  to  discharge  the  duties  of 
the  same.  They  shall  meet  within  five  days  after  the  first  day  of 
August  of  each  year  and  organize  by  electing  one  of  their  number 
president,  one  secretary  and  one  treasurer.  The  treasurer  before 
entering  upon  the  duties  of  his  office  shall  execute  a  bond  to  the 
acceptance  of  the  county  auditor  in  a  sum  equal  to  the  amount 
of  money  which  may  come  into  his  hands  at  any  one  time  during 
the  year  by  virtue  of  his  office.  -The  president  and  secretary  shall 
each  give  bond  to  be  approved  by  the  county  auditor  in  any 
sum  not  less  than  one-third  of  the  treasurer's  bond:  Provided, 
That  in  case  of  a  newly  incorporated  city  or  town  such  trustees 
shall  meet  within  five  days  of  their  election  and  organize  by  elect- 
ing the  officers  and  giving  the  bonds  as  herein  provided,  which 
officers  and  bonds  shall  be  continued  until  the  first  day  of  August 
next  succeeding  such  organization.  All  vacancies  that  may  oc- 
cur in  said  board  of  school  trustees  shall  be  filled  by  the  common 
council  or  board  of  trustees  of  the  town,  but  such  elation  (elec- 
tion) to  fill  a  vacancy  shall  only  be  for  the  unexpired  term.  The 
board  of  school  trustees  shall  within  five  days  after  the  first  day  of 
August  of  each  year  reorganize  their  boards  and  execute  their 
bonds  for  the  ensuing  year.  Said  trustees  shall  receive  for  their 
services  such  compensation  as  the  common  council  of  the  city 
or  the  board  of  trustees  of  the  town  may  deem  just,  which  com- 
pensation shall  be  paid  from  the  special  school  revenue  of  the  city 
or  town :  Provided  further,  That  the  provisions  of  this  act  relative 
to  the  appo'ntment  of  school  trustees  shall  not  be  mandatory  upon 
those  incorporated  towns  wherein  the  school  corporations  have 
been  or  shall  hereafter  be  abandoned. 


35 

Schools — Bonds  Legalized. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  all  bonds  heretofore  issued  by  the  order  and  direc- 
tion of  the  board  of  school  trustees  or  other  authorities  of  any 
school  city  or  school  town  of  this  state  under  color  of  any  statute  of 
this  state,  pursuant  to  the  order  and  direction  of  the  common 
council  or  board  of  trustees  of  such  city  or  town,  for  the  building 
of  school  houses  where  necessary  to  build  and  repair  the  same  for 
the  use  of  such  school  city  or  school  town,  and  such  school  trus- 
tees having  failed  to  comply  with  the  laws  of  the  State  of  Indiana 
in  respect  to  the  proper  construction  and  sanitary  conditions  of 
the  same,  are  hereby  legalized;  and  all  proceedings  or  acts  of  any 
such  board  of  trustees  of  such  city  or  town  under  which  said  bonds 
were  issued,  are  hereby  fully  legalized,  and  declared  valid. 

Pending  Litigation. 

SEC.  2.  Nothing  in  this  act  contained  shall  be  so  construed  as 
to  affect  any  pending  litigation,  (p.  264,  Acts  1913.) 

Schools — Cities  and  Towns — School  Buildings — School 
Trustees  May  Issue  Evidences  of  Indebtedness. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows,  to  wit:  Section  1.  That  section  1  of  an  act  en- 
titled "An  act  authorizing  and  empowering  boards  of  trustees  of 
school  cities  of  all  cities  incorporated  under  the  general  laws  of  this 
state,  and  boards  of  trustees  of  school  towns  of  incorporated  towns, 
to  borrow  money  and  issue  their  notes  or  bonds  therefor;  provid- 
ing conditions  on  which  such  debt  may  be  incurred,  and  to  levy  a 
tax  to  pay  the  same,  for  the  purpose  of  buying  grounds  and  pay- 
ing for  necessary  school  buildings,  or  repairs  on  the  same  and  de- 
claring an  emergency,"  approved  March  9,  1903,  be  and  the  same 
is  hereby  amended  to  read  as  follows :  Section  1.  That  in  all  cities 
except  cities  of  the  first  and  second  class,  of  the  State  of  Indiana, 
which  are  incorporated  under  the  general  laws  of  the  state,  and  in 
incorporated  towns  of  this  state,  the  boards  of  school  trustee  in 
such  city  or  incorporated  towns  are  hereby  authorized  and  em- 
powered to  borrow  money  and  to  issue  their  bonds  or  notes  of 
such  school  city  or  school  town,  such  bonds  or  notes  to  bear  in- 
terest at  a  rate  not  exceeding  five  per  centum  per  annum,  and  pay- 
able at  such  times  within  twenty-five  (25)  years  from  date  as  such 


36 

school  board  may  determine.  The  money  obtained  as  a  loan  on 
such  bonds  or  notes  shall  be  disbursed  by  order  of  such  board  in 
payment  of  expenses  incurred  in  buying  grounds,  building  school 
houses  or  in  making  repairs  on  school  buildings  heretofore  erected 
for  such  school  city  or  town,  and  for  no  other  use  or  purpose  what- 
soever. Before  any  such  debt  is  incurred,  such  school  officers 
shall  give  notice  by  publication  for  three  consecutive  weeks  in 
some  newspaper  published  in  such  city  or  town,  and  if  none  be  so 
published,  then  in  some  newspaper  of  general  circulation  in  such 
city  or  town,  or  by  posting  such  notice  in  five  public  places  in  such 
city  or  town  for  three  weeks,  which  notices  shall  state  the  aggre- 
gate debt  proposed  to  be  incurred,  the  location  of  real  estate,  if  it 
be  proposed  to  buy  real  estate;  the  character  and  size  of  the  build- 
ing to  be  erected,  and  the  nature  of  the  improvement  proposed: 
Provided,  That  no  board  of  trustees  shall  create  any  indebted- 
ness including  all  outstanding  indebtedness  exceeding  two  per 
centum  of  the  taxable  property  of  such  city  or  town,  as  ascertained 
by  the  last  assessment  for  state  and  county  taxes  previous  to  the 
incurring  of  the  said  indebtedness :  and  Provided,  further,  That  said 
bonds  or  notes  shall  not  be  sold  at  a  less  rate  than  one  hundred 
(100)  cents  on  the  dollar.  (R.  S.  1914,  §6572.) 

Construction  of  the  act  of  1909,  amending  the  statutes  authorizing  school 
trustees  to  borrow  money  and  to  issue  bonds  or  notes.  Monical  v.  Heise,  49 
App.  302;94N.E.  232. 

The  act  of  1909,  Acts  1909,  p.  100,  amending  the  statute  providing  for 
the  contracting  of  an  indebtedness  by  school  corporations  of  cities,  is  to  be 
construed  in  connection  with  the  act  of  1879  on  the  same  subject  and  the 
notice  required  to  be  given  by  the  act  of  1909  applies  in  case  an  indebted- 
ness is  to  be  incurred  by  contract  as  well  as  in  case  of  issuance  of  notes  or 
bonds.  Caldwell  v.  Bauer,  99  N.  E.  117. 

Schools — Cities  and  Towns — Refunding. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  all  cities  of  the  State  of  Indiana,  which  are  in- 
corporated under  the  general  laws  of  the  state,  and  in  all  incorp- 
orated towns  of  this  state,  when  the  school  city  or  school  town  of 
any  such  city  or  incorporated  town  is  indebted  at  the  time  of  the 
passage  of  this  act,  which  indebtedness  is  evidenced  by  bonds, 
notes  or  other  obligations  heretofore  issued  or  negotiated  by  any 
such  school  city  or  school  town,  for  the  purpose  of  funding  or  re- 
funding such  indebtedness  or  any  part  thereof,  reducing  the  rate 
of  interest  thereon,  extending  the  time  of  payment  thereof,  and 
cancelling  so  much  thereof  as  may  be  due  or  which  shall  become 


37 

due,  the  board  of  school  trustees  of  any  school  city  or  school  town, 
in  such  cities  or  incorporated  towns,  are  hereby  authorized  to  is- 
sue the  bonds  of  such  school  city  or  school  town,  with  interest 
coupons  attached,  for  an  amount  not  exceeding  in  the  aggregate 
the  whole  amount  of  the  indebtedness  of  such  school  city  or  school 
town,  which  bonds  may  be  in  any  denomination  not  less  than  fifty 
($50.00)  dollars  nor  more  than  one  thousand  ($1,000.00)  dollars 
and  shall  be  payable  at  any  place  named  therein  and  at  a  time  not 
later  than  twenty-five  years  from  the  date  thereof,  bearing  interest 
not  exceeding  four  and  two-fifths  per  cent,  per  annum,  payable  an- 
nually or  semi-annually,  as  such  board  of  school  trustees  of  any 
such  school  city  or  school  town  may  negotiate  such  bonds  at  any 
market  or  place  at  not  less  than  par.  In  the  event  any  city  or  in- 
corporated town  in  this  state  prior  to  the  taking  effect  of  this  act, 
shall  have  issued  its  bonds,  notes  or  other  obligations  for  the  pur- 
pose of  procuring  funds  with  which  to  buy  school  grounds  or  erect- 
ing school  buildings,  or  repairing  such  school  buildings,  and  the 
proceeds  derived  by  reason  of  the  sale  of  such  bonds  have  been  used 
by  the  school  cities  or  school  towns  of  any  such  city  or  incorporated 
town  for  the  purpose  of  buying  grounds  for  school  purposes,  or 
erecting  buildings  or  making  improvements  to  school  buildings, 
then  it  shall  be  lawful  for  the  board  of  school  trustees  of  any 
such  school  city  or  school  town  in  such  cities  or  incorporated 
towns  and  they  are  hereby  authorized  to  issue  and  negotiate  the 
bonds  of  such  school  city  or  school  town  for  the  purpose  of  fund- 
ing or  refunding  such  indebtedness  or  any  part  thereof  for  the 
same  purposes  and  in  the  same  manner  and  on  like  terms  and 
conditions  as  provided  for  in  this  section  in  other  cases:  Pro- 
vided, That  this  act  shall  not  be  construed  as  authorizing  and 
empowering  trustees  of  such  school  cities  or  school  towns  to  issue 
funding  or  refunding  bonds  for  any  indebtedness  than  (that)  may 
be  created  after  the  taking  effect  of  this  act,  except  as  herein  por- 
vided.  (R.  S.  1914,  §6577  a.) 


Levy — Sinking  Fund — Interest. 

SEC.  2.  For  the  purpose  of  paying  bonds  issued  as  provided 
in  the  foregoing  section,  the  board  of  school  trustees  of  any  such 
school  city  or  school  town  shall  add  to  the  tax  duplicates  thereof 
annually,  a  levy  sufficient  to  pay  all  yearly  interest  on  said  bonds 
and  may  provide  a  sinking  fund  for  the  liquidation  of  the  principal 
thereof  when  it  shall  become  due,  which  sinking  fund,  together 


38 

with  the  interest,  increase  of  profit  thereon,  shall  be  applied  to  the 
payment  of  said  bonds  and  to  no  other  purpose.  (R.  S.  1914, 
§6577  b.) 

Repeal. 

SEC.  3.  All  laws  or  parts  of  laws  in  conflict  herewith  are  here- 
by repealed. 

Annexation  School  Territory — Liability  for  Debts. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  1  of  an  act  entitled  "And  act  to  provide 
for  the  reimbursement  of  school  townships  where  school  property 
belonging  thereto  has  been  or  shall  hereafter  be  annexed  to  any 
city  or  incorporated  town,  and  declaring  an  emergency";  approved 
March  3,  1899,  be  and  the  same  is  hereby  amended  to  read  as  fol- 
lows, to  wit:  Section  1.  In  all  cases  where  any  city  or  incor- 
porated town  of  this  state  shall  hereafter  annex  any  territory,  or 
where  any  town  shall  be  hereafter  incorporated  in  which  terri- 
tory so  annexed  or  incorporated  there  shall  be  the  property  of  any 
school  township  used  by  such  school  township  for  school  pur- 
poses, and  such  school  township  shall  be  at  the  date  of  such  an- 
nexations, indebted  either  for  the  purchase  of  said  school  prop- 
erty, or  for  buildings  constructed  thereon,  it  shall  and  is  hereby 
made  the  duty  of  the  school  corporation  of  such  city  or  incorp- 
orated town  to  pay  such  indebtedness,  and  such  school  corporation 
is  hereby  declared  to  be  and  made  liable  therefor.  Until  such  city 
or  town  school  corporation  shall  have  paid  such  indebtedness,  it 
shall  not  be  entitled  to  a  deed  therefor,  and  if  such  indebtedness 
is  paid  by  said  school  township,  such  school  township  shall  be  en- 
titled to  recover  the  amount  so  paid  from  said  city  school  cor- 
poration with  interest  at  the  rate  of  six  per  cent,  per  annum  from 
date  of  payment,  and  on  payment  of  such  amount  the  said  school 
corporation  shall  be  entitled  to  a  deed  of  such  property  as  now  by 
law  provided.  Whenever  any  annexation  of  such  property  has  been 
made  prior  to  the  passage  of  this  act  and  subsequent  to  the  pass- 
age of  the  act  of  which  this  is  amendatory,  then  liability  on  the 
part  of  such  annexing  city  or  town  for  any  such  indebtedness  re- 
maining unpaid  at  the  time  of  the  passage  of  this  act,  shall  be  un- 
der this  act  the  same  as  if  such  annexation  had  taken  place  sub- 
sequent to  the  passage  of  this  act.  (R.  S.  1914,  §6612.) 

Before  the  passage  of  this  act  the  annexation  of  territory  by  a  city  or 
town  did  not  render  such  corporations  liable  for  unpaid  purchase-money 


39 

due  on  school  property.     Board  v.  Center  Tp.,  143  Ind.  391,  42  N.E.  Rep. 
808;  Maumee  Tp.  v.  School  Town,  159  Ind.  423,  65  N.  E.  Rep.  285. 

Schools — Old  School  Buildings — Tearing  Down. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State 
of  Indiana,  That  whenever  any  city  or  town  having  title  to  real 
estate  by  purchase  gift  or  otherwise,  for  school  purposes  within 
such  city  or  town,  upon  which  real  estate  there  is  situate  a  public 
school  building  or  other  buildings,  connected  therewith,  which  are 
in  bad  repair  or  otherwise  insufficient  to  meet  the  necessary  re- 
quirements for  the  full  enjoyment  and  advancement  of  proper 
educational  uses  and  activities,  and  should  it  now,  or  hereafter, 
be  deemed  by  said  board  of  trustees  necessary  for  said  school  city 
or  school  town  to  tear  down  or  otherwise  remove  such  school 
building  or  buildings  connected  therewith,  and  in  lieu  of  the  use  of 
them  or  any  one  of  them  construct  new  public  school  buildings  or 
other  buildings  connected  therewith,  upon  the  real  estate  oc- 
cupied by  said  old  and  insufficient  school  building  or  other  build- 
:s  connected  therewith,  the  trustees  of  school  cities  of  incorp- 
ted  cities  and  trustees  of  school  towns  of  incorporated  towns  of 
State  of  Indiana,  are  hereby  authorized  and  empowered  to 
tear  down  or  otherwise  remove  any  such  old  and  insufficient 
school  building  or  other  buildings  connected  therewith,  for  the 
purpose  of  erecting  upon  said  real  estate  a  new  school  building,  or 
other  buildings  connected  therewith  in  lieu  of  those  removed  or 
torn  down.  (R.  S.  1914,  §6563  a.) 

Sale  of  Old  Buildings— Use  of  Old  Material. 

SEC.  2.  Boards  of  trustees  of  school  cities  and  boards  of 
trustees  of  school  towns  are  hereby  authorized,  should  said  board 
of  trustees  deem  it  most  advantageous  to  said  school  city  or  school 
town  to  do  so,  to  sell  at  private  sale  said  old  and  insufficient  school 
building  or  other  buildings  connected  therewith  in  all  cases  where 
it  is  necessary  in  order  to  meet  the  requirements  for  the  enjoyment 
and  advancement  of  proper  educational  uses  and  activities,  to 
erect  new  school  buildings,  or  other  buildings  connected  therewith 
upon  the  real  estate  occupied  by  said  old  and  insufficient  school 
building  or  buildings.  Before  the  sale  of  any  such  building  or 
buildings  shall  be  authorized,  however,  said  board  of  school 

fistees  shall  cause  said  building  or  buildings  to  be  appraised  at  a 
r  cash  value  by  two  reputable  resident  householders  and  free- 
Iders  of  the  school  city  or  school  town  offering  said  building 


40 

or  buildings  for  sale,  and  said  appraisement  shall  be  made  under 
oath  and  spread  of  record  upon  the  records  of  said  board  of  trus- 
tees, and  no  sale  shall  be  made  for  less  than  the  appraised  value, 
and  for  cash,  and  the  same  shall  be  applied  to  the  payment  of  the 
cost  of  the  new  building  or  buildings  proposed  to  be  constructed. 
The  board  of  trustees  as  aforesaid,  shall  also  cause  a  notice  to  be 
given  reciting  therein  the  terms,  time  and  place  of  sale,  and  a  gen- 
eral description  of  the  building  or  buildings  to  be  sold  by  publish- 
ing the  same  once  each  week  for  a  period  of  two  consecutive  weeks 
in  some  newspaper  of  general  circulation  printed  and  published 
in  the  city  or  town  where  said  building  or  buildings  are  for  sale, 
if  no  such  newspaper  be  published  in  said  city  or  town,  then  by 
publishing  said  notice  for  a  like  period  of  time  in  any  newspaper 
of  general  circulation  printed  and  published  in  the  county  where 
said  building  or  buildings  are  for  sale.  If  no  newspaper  be  printed 
or  published  in  the  county  then  by  publishing  said  notice  for  a  like 
period  of  time  in  any  newspaper,  if  any,  circulating  in  said  city 
or  town,  and  in  addition  thereto  by  posting  a  written  or  printed 
notice  in  five  different  public  locations  in  said  city  or  town  where 
said  building  or  buildings  are  for  sale:  Provided,  however,  The 
board  of  trustees  of  school  cities  and  boards  of  trustees  of  school 
towns  may,  if  they  deem  it  most  advantageous  to  said  school  city 
or  school  town  to  do  so,  incorporate  all  or  any  part  of  the  ma- 
terial constituting  said  old  or  insufficient  school  building  con- 
nected therewith  as  a  part  of  the  plans  and  specifications  used  or 
to  be  used  by  said  board  of  trustees  in  the  construction  of  said 
new  school  building  or  other  building  connected  therewith,  and 
the  value  of  said  old  material  so  incorporated  as  aforeasid,  shall 
be  taken  into  consideration  and  finally  determined  in  the  sub- 
mission of  bids  for  the  construction  of  said  new  school  building  or 
other  buildings  connected  therewith,  by  the  person  or  persons, 
firms  or  corporations  making  sealed  proposals  for  the  construction 
of  said  building  or  buildings,  as  aforesaid,  and  all  of  said  sealed 
proposals  shall  be  based  upon  the  quantum  of  material  constituting 
said  old  building  or  buildings  incorporated  as  aforesaid,  in  the 
plans  and  specifications  ultimately  adopted  by  said  board  of 
trustees  for  the  construction  of  said  new  building  or  buildings; 
and  the  notice  given  to  all  contractors  for  sealed  proposals  for  con- 
struction, and  the  award  of  the  contract  thereto,  and  the  contract 
entered  into  by  and  between  the  successful  bidder  or  bidders  and 
said  board  of  trustees  for  the  construction  of  said  new  school 
building  or  other  buildings  connected  therewith  shall  so  provide: 


41 

And,  Provided,  further,  Said  board  of  trustees  of  such  school  cities 
and  school  towns  shall  also  be  empowered  in  cases  of  repairing 
and  remodeling  old  and  insufficient  school  buildings  or  other 
buildings  connected  therewith  to  also  incorporate  the  old  ma- 
terial, in  whole  or  in  part,  constituting  said  building  or  buildings  in 
the  specifications  fvor  the  repairment  or  remodeling  of  such  build- 
ing or  buildings  as  hereinbefore  provided;  or  should  it  be  deemed 
more  advantageous  to  said  school  city  or  school  town,  said  board 
of  trustees  in  cases  of  repairment  or  remodeling  as  aforesaid,  may 
sell  said  old  material,  in  whole  or  in  part,  which  sale  shall  be  gov- 
erned by  the  provisions  of  this  act  as  hereinbefore  provided. 
(R.  S.  1914,  §6563  b.) 

Schools — Towns — Election  of  School  Trustee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  the  election  of  school  trustees  in  incorporated 
towns,  the  board  of  trustees  of  incorporated  towns,  shall  vote  by 
ballot  and  such  voting  shall  continue  until  some  competent  person 
receives  a  majority  of  all  votes  cast  or  until  such  meeting  ad- 
journs or  the  voting  ceases  by  a  majority  vote  of  the  members  of 
the  board  of  town  trustees.  Should  an  election  fail  to  occur  at  any 
one  regular  meeting,  then  at  the  next  regular  meeting,  the  board 
of  trustees  shall  again  proceed  to  the  election  of  a  school  trustee 
or  trustees,  in  like  manner  and  under  the  same  conditions  and 
should  no  election  occur  at  such  meeting,  then  the  board  of  trus- 
tees may  determine  then  and  there  whether  to  take  further  votes 
at  some  later  meeting  and  so  on  from  one  regular  meeting  to  an- 
other until  an  election  occurs  or  until  such  board  of  trustees  shall 
determine  by  a  majority  vote  to  cease  trying  to  elect;  and,  no 
person  be  permitted  to  vote  except  they  be  a  qualified  member 
of  said  body  and  the  clerk  of  the  board  of  trustees  shall  preside  at 
such  election  but  shall  have  no  vote.  In  all  cases  where  no  elec- 
tion takes  place,  the  present  incumbent  shall  continue  to  serve  un- 
til an  election  does  occur  and  until  his  successor  shall  be  elected 
and  qualifies  and  all  official  acts  of  any  member  so  holding  over 
and  the  official  acts  of  any  such  board  during  such  time,  will  be 
valid  as  though  an  election  should  have  taken  place:  Provided, 
That  this  act  shall  not  change  the  time  of  election  of  school 
trustees  or  the  terms  of  present  incumbents  except  in  cases  where 
no  successor  is  elected  as  herein  provided;  nor  shall  it  affect 
cities  that  have  by  special  act,  a  different  mode  of  election  pre- 
scribed by  law.  (R.  S.  1914,  §6478  a.) 


42 

Supplementary  Act. 

SEC  2.  This  act  is  supplementary  in  its  nature  and  repeals 
only  such  laws  as  may  be  in  conflict  therewith. 

Schools — Trustees     Abolished — School     Corporation     Dis- 
solved. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  of  the  above  entitled  act  be  amended 
to  read  as  follows :  Section  1 .  That  any  incorporated  town  in  the 
state,  that  has  no  school  indebtedness,  the  inhabitatnts  of  which 
do  not  exceed  two  thousand  (2000)  as  shown  by  the  last  preced- 
ing general  census,  may,  through  its  town  board  of  trustees, 
abandon  and  discontinue  its  management  and  control  of  public 
schools  within  such  incorporated  town,  and  abolish  the  board  of 
school  trustees  therein.  Whenever  a  town  so  discontinuing  its 
board  of  school  trustees  shall  desire  to  again  take  control  of  its 
school  affairs  the  town  board  may  on  petition  signed  by  a  ma- 
jority of  the  resident  freeholders,  pass  an  ordinance  to  that  effect 
and  appoint  a  board  of  school  trustees:  Provided,  That  whenever 
a  town  passes  such  ordinance  to  again  take  control  of  its  school 
affairs  as  herein  above  provided,  it  shall  be  the  duty  of  the  coun- 
ty assessor,  county  auditor  and  county  superintendent  of  schools, 
to  act  as  an  appraising  board  to  determine  what  if  any  equitable 
right  the  township  has  in  the  school  property  thus  taken  over  and 
to  determine  the  extent  to  which  such  town  is  indebted  to  the 
township,  and  the  board  of  town  trustees  shall  pay  over  to  the 
township  such  amount  as  has  been  so  determined;  before  said 
town  shall  be  permitted  to  take  over  the  schools:  Provided, 
further,  That  such  school  property  shall  not  be  appraised  and  taken 
over  by  the  town  as  above  provided  unless  a  majority  of  the  resi- 
dent freeholders  in  the  township  residing  outside  of  said  town, 
consent  to  such  transfer :  Provided,  further,  That  no  town  board 
shall  dissolve  the  school  corporation  except  by  consent  of  a  ma- 
jority of  the  freeholders  therein,  (p.  199,  Acts  1915.) 

Conveyance  of  Property  to  Township. 

SEC.  2.  The  town  board  of  trustees  of  any  such  incorporated 
town,  upon  deciding  to  abandon  and  discontinue  the  control  of  the 
public  schools  therein,  shall  make  or  cause  to  be  made  a  good  and 
sufficient  deed,  conveying  all  real  estate  belonging  to  such  school 
town  to  the  township  trustee  of  the  township  in  which  such  in- 


43 

corporated  town  is  located;  and  shall  transfer  all  the  personal 
property  and  fixtures  belonging  to  such  school  town  to  such  town- 
ship trustee,  all  of  which  shall  be  accepted  and  held  by  such  town- 
ship trustee  for  the  use  and  purposes  of  the  school  township  where- 
in such  town  is  located:  Provided,  That  when  any  such  incor- 
porated town  shall  be  located  in  two  or  more  contiguous  coun- 
ties, the  children  of  school  age  who  are  residents  of  such  incor- 
porated town  shall  be  entitled  to  the  same  school  privileges  in  such 
incorporated  town  as  the  children  of  school  age  who  are  resi- 
dents, exclusively  of  the  township  which  has  assumed  ownership 
and  control  of  such  school  and  school  property.  And  all  school 
revenue  which  is  paid  or  which  may  hereafter  be  paid  by  that  por- 
tion of  such  incorporated  town  lying  outside  of  the  township 
which  has  assumed  control  and  ownership  of  such  school  and  school 
property,  shall  be  paid  to  the  township  trustee  of  the  township 
wherein  such  school  is  located,  in  the  same  way  and  manner  as 
such  revenues  were  paid  to  the  school  trustees  of  such  incorporated 
town  before  such  town  relinquished  control  and  possession  of 
school  and  school  property.  (R.  S.  1914,  §6480  a.) 


»i 
ownship  Control. 

SEC.  3.  After  the  requirements  set  forth  in  the  preceding  sec- 
tion are  complied  with,  the  township  trustee  shall  have  full  and 
complete  control  of  all  the  schools  within  such  town  and  shall 
conduct  the  same  as  provided  for  by  law  for  the  other  schools  of 
such  township.  And  all  children  of  school  age  residing  outside 
of  the  township  in  which  such  school  and  school  property  is 
situated  but  within  the  limits  of  any  such  incorporated  town,  as 
herein  provided,  shall  possess  all  the  rights  and  privileges  to  at- 
tend the  school  or  schools  located  within  such  incorporated  town, 
the  same  as  though  they  lived  in  the  township  wherein  such  school 
or  school  property  is  located.  (R.  S.  1914,  §6480  b.) 


u, 


Repeal. 

SEC.  4.  That  an  act  entitled  "An  act  permitting  incorporated 
wns  not  exceeding  fifteen  hundred  inhabitants  to  discontinue 
school  boards,  and  provisions  made  for  transfer  of  school  prop- 
erty to  township  trustees,"  approved  March  3,  1899,  and  an  act 
entitled  "An  act  to  amend  section  one  and  the  title  of  an  act  en- 
titled 'An  act  permitting  incorporated  towns  not  exceeding  fif- 
teen hundred  inhabitants  to  discontinue  school  boards  and  pro- 


44 

visions  made  for  transfer  of  school  property  to  township  trus- 
tees,' "  approved  March  3,  1899,  approved  March  4,  1911,  be  and 
the  same  are  hereby  repealed. 

Towns  coming  within  the  provisions  of  this  section  cannot  abandon  con- 
trol of  schools  and  abolish  the  board  of  school  trustees  if  the  town  is  liable 
for  damages  on  account  of  contracts  made  by  the  school  trustees.  Horn- 
beck  v.  State,  33  App.  609,  71  N.E.  Rep.  916. 

[p.  109,  Acts  1915.] 
Preamble. 

Whereas,  On  the  2nd  day  of  July,  1910,  the  county  auditor 
of  Floyd  county,  Indiana,  in  making  settlement  with  the  trus- 
tees of  the  school  city  of  New  Albany,  overpaid  said  trustees  the 
sum  of  $2,536.97,  on  account  of  the  library  fund  for  the  main- 
tenance of  the  public  library,  in  said  city,  and 

Whereas,  Before  said  mistake  was  discovered  said  trustees  had 
expended  said  sum  in  the  improvement  of  said  public  library, 
and 

Whereas,  Afterward  said  mistake  was  for  the  first  time  dis- 
covered by  the  state  board  of  accounts  in  its  examination  of  the 
books  of  the  auditor  of  said  county,  and 

Whereas,  At  no  time  since  said  mistake  was  discovered  has 
said  board  of  trustees  of  said  school  city  been  able  to  repay  the 
amount  of  said  over-payment  out  of  such  library  fund  without 
crippling  such  library,  and 

Whereas,  On  the  advice  of  said  state  board  of  accounts  said 
trustees  of  said  school  city  of  New  Albany,  on  the  6th  day  of 
February,  1915,  repaid  said  over-payment  out  of  the  special  school 
fund  of  said  city,  and 

Whereas,  Some  doubt  has  arisen  as  to  the  legality  of  such  re- 
payment, now,  therefore: 

New  Albany — School  City — Acts  Legalized. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  action  of  the  trustees  of  the  school  city  of  New 
Albany  in  repaying  on  February  6,  1915,  to  Floyd  county,  In- 
diana, out  of  the  special  school  fund  of  said  city  the  sum  of 
$2,536.97,  erroneously  paid  to  said  trustees  on  account  of  the 
library  fund,  be  and  the  same  is  hereby  legaized:  Provided, 
That  nothing  in  this  act  shall  affect  pending  litigation. 


45 

Preamble. 

Whereas,  The  board  of  school  trustees  of  the  school  town  of 
French  Lick,  Indiana,  did  on  the  19th  day  of  August,  1912, 
enter  into  a  certain  contract  with  one,  William  H.  Lutes,  for  the 
erection  of  a  heating  plant  in  connection  with  the  public  school 
buildings  in  said  town  and  for  the  construction  of  sewers,  closets 
and  making  repairs  on  said  buildings,  which  contract  was  made 
pursuant  to  a  certain  resolution  of  said  board,  enacted  for  the 
purpose;  and 

Whereas,  Pursuant  to  said  contract  said  work  so  contracted 
was  done  and  turned  over  to  and  accepted  by  said  school  town,  and 
said  town  has  ever  since  had  the  use  and  benefit  of  said  improve- 
ments; and 

Whereas,  Said  school  trustees,  pursuant  to  a  resolution  of  the 
board  of  trustees  of  said  town  of  French  Lick,  issued  bonds  of 
said  school  town  in  the  sum  of  four  thousand  dollars  ($4,000.00) 
for  the  purpose  of  raising  revenue  sufficient  to  pay  for  said  im- 
provements; and 

Whereas,  Said  bonds  were  duly  advertised  and  offered  for 
sale  by  said  board  of  school  trustees  on  the  12th  day  of  October, 
1912,  and  were  duly  sold  to  said  contractor  on  said  day;  and 

Whereas,  Some  questions  have  arisen  as  to  the  regularity  and 
validity  of  said  proceedings  for  said  improvements,  and  of  the 
contract  made  and  bonds  issued  and  sold  thereunder; 

Therefore,  For  the  purpose  of  removing  such  doubts  as  to  the 
validity  and  regularity  of  said  proceedings,  including  said  con- 
tract and  said  bonds: 


French  Lick — Acts  of  School  Board  Legalized. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  all  proceedings  had  and  done  by  the  board  of 
school  trustees  of  the  school  town  of  French  Lick,  Indiana,  dur- 
ing the  year  1912,  of  and  concerning  the  construction  of  a  heat- 
ing plant  in  connection  with  the  public  school  buildings  of  said 
town  and  making  other  additions  and  improvements  thereto,  in- 
cluding a  certain  contract  for  said  improvements  as  entered  into 
for  the  purpose,  on  the  19th  day  of  August,  1912,  including  the 
bonds  issued  by  said  board  on  the  15th  day  of  October,  1912,  for 
the  payment  of  said  improvements,  and  all  and  singular  the  or- 
ders made,  steps  taken  and  things  done  by  said  board  and  others 
in  pursuance  of  and  subsequent  to  the  resolution  passed  by  said 


46 

board  of  school  trustees  authorizing  said  improvements,  or  in 
connection  therewith,  including  the  acceptance  of  said  improve- 
ments and  the  sale  of  said  bonds,  are  hereby  legalized  and  de- 
clared valid:  Provided,  That  nothing  in  this  act  shall  in  any  way 
affect  any  suit  now  pending  in  any  court  of  the  State  of  Indiana, 
touching  any  of  the  matters  included  herein.  (Acts  of  1913,  p. 
755.) 

[p.  602,  Acts  1915.] 
Preamble. 

Whereas,  The  board  of  school  trustees  of  the  school  town  of 
Swayzee,  Indiana,  did  on  the  6th  day  of  July,  1914,  enter  into  a 
certain  contract  with  one  Rufus  Danner,  for  the  erection  and  con- 
struction of  an  addition  to  the  public  school  building  of  said  town 
and  for  making  repairs  on  said  building,  which  contract  was  made 
pursuant  to  a  certain  resolution  of  said  board,  enacted  for  the 
purpose;  and 

Whereas,  Pursuant  to  said  contract  said  work  so  contracted 
was  done  and  turned  over  to  and  accepted  by  said  school  town, 
and  said  town  has  ever  since  had  the  use  and  benefit  of  said  im- 
provements; and 

Whereas,  Said  school  trustees,  pursuant  to  a  resolution  of  the 
board  of  trustees  of  said  town  of  Swayzee,  issued  bonds  of  said 
school  town  in  the  sum  of  fifty-two  hundred  dollars  ($5,200.00) 
for  the  purpose  of  raising  revenue  sufficient  to  pay  for  said  im- 
provements; and 

Whereas,  Said  bonds  were  duly  advertised  and  offered  for 
sale  by  said  board  of  school  trustees  on  the  29th  day  of  May, 
1914,  and  were  duly  sold  to  the  First  National  Bank  of  said  town 
of  Swayzee;  and 

Whereas,  Some  questions  have  arisen  as  to  the  regularity  and 
validity  of  said  proceedings  for  said  improvements,  and  of  the 
contract  made  and  bonds  issued  and  sold  thereunder; 

Therefore,  For  the  purpose  of  removing  such  doubts  as  to  the 
validity  and  regularity  of  said  proceedings,  including  said  con- 
tract and  of  the  sale  of  said  bonds ; 

Town  of  Swayzee — Acts  of  School  Board  Legalized. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  all  proceedings  had  and  done  by  the  board  of  school 
trustees  of  the  school  town  of  Swayzee,  Indiana,  during  the  year 
1914,  of  and  concerning  the  construction  and  completion  of  an  ad- 


47 

dition  to  the  public  school  building  of  said  town,  including  a  cer- 
tain contract  for  said  improvements  as  entered  into  for  the  pur- 
pose, on  the  6th  day  of  July,  1914,  including  the  bonds  issued  by 
said  board  on  the  2d  day  of  May,  1914,  for  the  payment  of  said 
improvements,  and  all  and  singular  the  orders  made,  steps  taken 
and  things  done  by  said  board  and  others  in  pursuance  of  and  sub- 
sequent to  the  resolution  passed  by  said  board  of  school  trus- 
tees authorizing  said  improvements,  or  in  connection  therewith, 
including  the  acceptance  of  said  improvements  and  the  sale  of 
said  bonds,  are  hereby  legalized  and  declared  valid  in  all  things: 
Provided,  That  nothing  in  this  act  shall  in  any  way  affect  any  suit 
now  pending  in  any  court  of  the  State  of  Indiana,  touching  any  of 
the  matters  included  herein. 

[p.  35,  Acts  1915.] 
Schools — Transfer  of  Pupils — Tuition. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  1  of  the  above  entitled  act  be  amended  to 
read  as  follows:  Section  1.  That  section  2  of  the  above  en- 
titled act  be  amended  to  read  as  follows:  Section  2.  If  such 
transfer  is  granted,  the  school  trustee  or  board  of  school  trustees, 
or  commissioners  of  the  school  corporation  in  which  such  child 
resides,  shall  pay  out  of  the  special  school  fund,  or  out  of  the  town- 
ship fund  or  out  of  the  tuition  fund  at  his  discretion,  to  the 
school  trustee,  board  of  school  trustees  or  commissioners  of  the 
school  corporation  to  which  such  child  is  transferred,  as  tuition 
for  such  child,  an  amount  equal  to  the  annual  per  capita  cost  of 
education  in  the  corporation  to  which  said  child  is  transferred; 
or  such  a  part  of  it  as  the  term  of  enrollment  of  said  child  in  the 
schools  of  the  creditor  corporation  may  require:  Provided,  That 
the  per  capita  cost  in  high  schools  shall  be  calculated  upon  the 
basis  of  expenditures  for  high  school  purposes,  and  the  per  capita 
cost  in  grade  schools  shall  be  calculated  upon  the  basis  of  expendi- 
ture for  the  schools  below  the  high  school :  Provided,  That  in  case 
the  corporation  transferring  said  child  maintains  a  school,  or 
schools,  of  like  grade  to  which  said  child  is  transferred,  the  rate 
of  tuition  shall  in  no  case  exceed  the  per  capita  cost  in  said  school, 
or  schools,  maintained  by  the  corporation  which  transfers  such 
child.  In  calculating  the  per  capita  cost,  only  expenditures  for 
the  current  year,  not  including  permanent  improvements  and 
additions,  shall  be  counted  and  shall  be  based  on  the  following 


48 

items:    Salaries  of  instructors,  supervisors  and  superintendent, 
salary  of  janitor,  fuel  and  light,  printing  and  laboratory  supplies. 

Note:  The  above  repeals  section  2  of  the  law  of  1901,  as  amended  Acts 
of  1909,  page  322,  same  being  section  6450  Burns'  R.  S.  1914. 

Schools — Transportation  of  Pupils — Payment  of  Expense. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  two  (2)  of  the  above  entitled  act  be  amended 
to  read  as  follows :  Section  2.  It  shall  be  the  duty  of  the  township 
trustee  to  provide  for  the  education  of  such  pupils  as  are  affected 
by  such  or  any  former  discontinuance  in  other  schools,  and  they 
shall  provide  and  maintain  means  of  transportation  for  all 
such  pupils  that  live  at  a  greater  distance  than  two  (2)  miles  and 
for  all  pupils  between  the  ages  of  six  (6)  and  twelve  (12)  that  live 
less  than  two  (2)  miles  and  more  than  one  (1)  mile  from  the 
schools  to  which  they  may  be  transferred,  either  within  the  town- 
ship or  in  an  adjoining  township  or  school  corporation,  as  a  re- 
sult of  such  discontinuance.  In  all  townships  where  a  school  has 
been  abandoned  under  the  provisions  of  this  act,  the  trustee  shall 
provide  for  the  transportation  of  all  pupils  of  any  other  school 
of  such  township  who  live  more  than  two  (2)  miles  and  all  pupils 
between  the  ages  of  six  (6)  and  twelve  (12)  that  live  more  than  one 
(1)  mile  from  the  school  to  which  they  are  attached,  whenever  a 
majority  of  the  patrons  of  such  school  petition  the  trustee  to  pro- 
vide such  transportation.  Such  transportation  shall  be  in  com- 
fortable and  safe  conveyances.  The  drivers  of  such  conveyances 
shall  furnish  the  teams  therefor,  and  shall  use  every  care  for  the 
safety  of  the  children  under  their  charge,  and  shall  maintain  dis- 
cipline in  such  conveyances.  Restrictions  as  to  the  use  of  public 
highways  shall  not  apply  to  such  conveyances.  The  expenses 
necessitated  by  the  carrying  into  effect  of  the  provisions  of  this 
act  shall  be  paid  from  the  special  school  fund.  (R.  S.  1914,  §6423.) 

Prior  to  the  adoption  of  this  act,  school  officers  were  not  required  to  fur- 
nish free  transportation  to  pupils  to  and  from  public  schools.  State  v.  Jack- 
son, 168  Ind.  384,  81  N.E.  Rep.  62;  Nelson  v.  State,  168  Ind.  491,  81  N.E. 
Rep.  486. 

In  a  proceeding  to  compel  a  township  trustee  to  furnish  free  transporta- 
tion to  pupils  to  and  from  schools,  it  must  be  shown  that  he  has  funds  that 
may  be  used  for  such  purpose.  State  v.  Anderson,  170  Ind.  540,  85  N.E. 
Rep.  17;  Dunten  v.  State,  172  Ind.  59,  87  N.  E.  Rep.  733;  Waters  v.  State, 
172  Ind.  251,  88  N.  E.  Rep.  67. 

In  proceedings  to  compel  trustees  to  furnish  transportation  for  pupils  to 
and  from  schools,  it  must  be  shown  that  trustees  have  sufficient  money  in 


49 

their  hands  to  furnish  such  transportation  to  all  pupils  entitled  to  the  same. 
Waters  v.  State,  172  Ind.  251,  88  N.  E.  Rep.  67. 

Vehicles  need  not  go  the  the  home  of  each  pupil,  but  pupils  may  be 
required  to  travel  a  reasonable  distance  to  meet  a  vehicle.  Lyle  v.  State, 
172  Ind.  502,  88  N.  E.  Rep.  850. 

Notice  need  not  be  given  to  the  letting  of  contracts  for  the  hauling  of 
pupils  to  schools,  nor  is  it  necessary  for  the  advisory  board  to  act  with  the 
township  trustee  in  the  making  of  such  contracts.  Patterson  v.  Middle  Tp., 
98  N.  E.  Rep.  440. 

Schools — Sanitary  Buildings. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  That  section  one  (1)  of  the  above 
entitled  act  be  amended  to  read  as  follows:  Section  1.  That  after 
the  going  into  effect  of  this  act  all  schoolhouses  which  shall  be 
constructed  or  remodeled  shall  be  constructed  in  accordance  and 
conform  to  the  following  sanitary  principles,  to  wit : 

(a)  Sites.    All  sites  shall  be  dry,  and  such  drainage  as  may  be 
necessary  to  secure  and  maintain  dry  grounds  and  dry  buildings, 
shall  be  selected  and  supplied.    Said  site  and  said  buildings  or  any 
additions  to  present  buildings,  shall  not  be  nearer  than  five  hun- 
dred (500)  feet  to  any  stream  or  interurban  railroad,  or  livery 
stable,  except  in  the  case  of  vocational  schools,  and  except  in 
cases  where  the  limitation  shall  be  waived  on  approval  of  the  sup- 
erintendent of  public  instruction  and  secretary  of  the  state  board 
or  nearer  than  five  hundred  (500)  feet  to  any  horse,  mule  or  cattle 
barn  used  for  breeding  purposes;  or  any  noise-making  industry  or 
any  unhealthful  conditions.     And  when  such  school  building  or 
school  site 'is  so  located  and  established  no  livery  stable,  horse, 
mule  or  cattle  barn  used  for  breeding  purposes,  or  any  noise-mak- 
ing industry  or  any   unhealthful   conditions   shall  thereafter  be 
constructed,  erected  or  maintained  within  five  hundred  (500)  feet 
of  any  school  building,  school  site  or  school  grounds.     Good  dry 
walks  shall  lead  from  the  street  or  road  to  every  schoolhouse  and 
to  all  outhouses,  and  suitable  playgrounds  shall  be  provided. 

(b)  Buildings.    School  buildings  if  of  brick  shall  have  a  stone 
foundation,    or   the   foundation   may   be   of   brick   or   concrete: 
Provided,  A  layer  of  slate,  stone  or  other  impervious  material  be 
interposed  above  the  ground    line,  or  the  foundation  may  be  of 
vitrified  brick  and  the  layer  of  impervious  material  will  not  be  re- 
quired.    Every  two-story  schoolhouse  shall  have  a  dry,   well- 
lighted  basement  under  the  entire  building,  said  basement  to  have 

4—4343 


50 

cement  or  concrete  floor,  and  ceiling  to  be  not  less  than  ten  (10) 
feet  above  the  floor  level.  The  ground  floor  of  all  schoolhouses 
shall  be  raised  at  least  three  (3)  feet  above  the  ground  level  and 
have,  when  possible,  dry  well-lighted  basement  under  the  entire 
building  and  shall  have  solid  foundation  of  brick,  tile,  stone  or  con- 
crete, and  the  area  between  the  ground  and  the  floor  shall  be 
thoroughly  ventilated.  Each  pupil  shall  be  provided  with  not  less 
than  225  cubic  feet  of  space,  and  the  interior  walls  and  the  ceil- 
ing shall  be  either  painted  or  tinted  some  neutral  color,  as  gray, 
slate,  buff  or  green. 

(c)  Lighting  and  Seating.    All  schoolrooms  where  pupils  are 
seated  for  study  shall  be  lighted  from  one  side  only,  and  the  glass 
area  shall  be  not  less  than  one-sixth  of  the  floor  area,  and  the  win- 
dows shall  extend  from  not  less  than  four  (4)  feet  from  the  floor 
to  at  least  one  foot  from  the  ceiling,  all  windows  to  be  provided 
with  roller  or  adjustable  shades  of  neutral  color,  as  blue,  gray, 
slate,  buff  or  green.    Desk  and  desk  seats  shall  preferably  be  ad- 
justable and  at  least  twenty  per  cent  (20%)  of  all  desks  and  desk 
seats  in  each  room  shall  be  adjustable  and  shall  be  so  placed  that 
the  light  shall  fall  over  the  left  shoulders  of  the  pupils.  For  left- 
handed  pupils  desks  and  seats  may  be  placed  so  as  to  permit  the 
light  to  fall  over  the  right  shoulder. 

(d)  Blackboards    and    Cloakrooms.      Blackboards    shall    be 
preferably  of  slate,  but  of  whatever  material,  the  color  shall  be  a 
dead  black.    Cloakrooms,  well  lighted,  warmed  and  ventilated,  or 
sanitary  lockers,  shall  be  provided  for  each  study  schoolroom. 

(e)  Water  Supply  and  Drinking  Arrangements.     All  school- 
houses  shall  be  supplied  with  pure  drinking  water,  and  the  water 
supply  shall  be  from  driven  wells  or  other  sources  approved  by  the 
health  authorities.     Only  smooth,  stout  glass  or  enameled  metal 
drinking  cups  shall  be  used;  water  buckets  and  tin  drinking  cups 
shall  be  unlawful  and  are  forbidden;  and  whenever  it  is   practi- 
cable,  flowing  sanitary  drinking  fountains  which  do  not  require 
drinking  cups  shall  be  provided.    All  schoolhouse  wells  and  pumps 
shall  be  supplied  with  troughs  or  drains  to  take  away  waste  water, 
and  under  no  conditions,  shall  pools  or  sodden  places  or  small  or 
large  mudholes  be  allowed  to  exist  near  a  well.    When  water  is  not 
supplied  at  pumps  or  from  water  faucets  or  sanitary  drinking 
fountains  then  covered  tanks  or  coolers  supplied  with  spring  or 
self-closing  faucets  shall  be  provided. 

(f)  Heating    and    Ventilation.      All    schoolhouses    hereafter 
constructed  or  remodeled,  shall  be  supplied  with  heating  and 


51 

ventilating  systems.  Fresh  air  shall  be  taken  from  outside  the 
building  and  properly  diffused  without  draughts,  through  each 
school  room  during  school  session.  Each  school  room  shall  be 
supplied  with  foul  air  flues  of  ample  size  to  withdraw  the  foul  air 
therefrom  at  a  minimum  rate  of  eighteen  hundred  (1,800)  cubic 
feet  per  hour  for  each  two  hundred  and  twenty-five  (225)  cubic 
feet  of  said  school  room  space,  regardless  of  outside  atmospheric 
conditions;  and  heaters  of  all  kinds  shall  be  capable  of  maintain- 
ing a  temperature  of  seventy  (70)  degrees  Fahrenheit  in  all  school 
rooms,  halls,  office  rooms,  laboratories  and  manual  training 
rooms,  in  all  kinds  of  weather,  and  maintaining  in  each  school 
room  a  relative  humidity  of  not  less  than  forty  per  cent :  Provided, 
That  when  artificial  ventilation,  by  use  of  fan  or  blower,  is  adopted 
the  provision  as  to  entrance  of  fresh  air  shall  be  from  outside  of 
the  building. 

It  is  hereby  made  lawful  for  any  township  trustee,  board  of 
school  trustees  and  boards  of  school  commissioners  to  establish 
and  maintain  open  air  schools,  and  when  such  open  air  schools  are 
established  the  provisions  of  this  act  governing  heating  and  ven- 
tilation shall  not  apply  to  such  open  air  school  rooms. 

(g)  Water-Closets  and  Outhouses.  Water-closets,  or  dry 
closets  when  provided,  shall  be  efficient  and  sanitary  in  every 
particular  and  furnished  with  stalls  for  each  hopper  or  place;  and 
when  said  water  or  dry  closets  are  not  provided,  then  sanitary  out- 
houses, well  separated  for  the  sexes,  shall  be  provided.  Good 
dry  walks  shall  lead  to  all  outhouses  and  screens  or  shields  be 
built  in  front  of  them.  Outhouses  for  males  shall  have  urinals 
arranged  with  stalls  and  with  conduits  of  galvanized  iron,  vitrified 
drain  pipe,  or  other  impervious  material,  draining  into  a  sewer 
vault  or  other  suitable  place  approved  by  the  health  authorities. 
Any  agent,  person,  firm,  or  corporation,  selling,  trading  or  giv- 
ing to  any  township  trustee,  school  trustee  or  board  of  school  com- 
missioners, any  materials,  supplies,  sanitary  apparatus  or  systems, 
which  when  constructed  or  remodeled  or  installed,  in  or  for  any 
schoolhouse,  hereafter  constructed  or  remodeled,  which  does  not 
in  all  respects  comply  with  the  provisions  of  this  act,  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  more  than  five  hundred  dollars  ($500.00)  to 
which  may  be  added  imprisonment  in  the  county  jail  for  any  de- 
terminate period  not  more  than  six  (6)  months  and  shall  be  pun- 
ished by  a  further  fine  of  not  less  than  five  dollars  ($5.00)  for 
each  day  he  shall  fail  to  comply  with  any  order  of  any  court  hav- 


52 

ing  jurisdiction  for  the  correction  of  any  such  defects  in  such 
schoolhouses  hereafter  constructed  or  remodeled';  and  any  money 
claim  for  the  construction  or  remodeling,  or  for  any  materials,  sup- 
plies, sanitary  apparatus  or  systems  furnished  or  constructed  in  or 
for  any  schoolhouse  hereafter  constructed  or  remodeled,  which 
does  not  in  every  way  and  in  all  respects  comply  with  the  require- 
ments of  this  act,  shall  be  null  and  void.  (p.  94,  Acts  1915.) 

The  act  of  1911,  prohibiting  the  erection  of  schoolhouses  nearer  than  500 
feet  of  a  steam  railroad,  applies  only  to  sites  that  are  acquired  after  the  tak- 
ing effect  of  the  act.  School  Corporation  v.  Heiney,  178  Ind.  1,  98  N.  E. 
Rep.  628. 

Temperature — Uncleanliness — Teachers — Penalties. 

2.  Whenever,  from  any  cause,  the  temperature  of  a  school 
room  falls  to  60  degrees  Fahrenheit  or  below,  without  the  im- 
mediate prospect  of  the  proper  temperature,  namely,  not  less  than 
70  degrees  Fahrenheit,  being  attained,  the  teacher  shall  dismiss  the 
school  until  the  fault  is  corrected;  and  it  shall  also  be  the  duty  of  all 
teachers  to  immediately  send  home  any  pupil  who  is  perceptibly 
ill  in  any  way,  or  who  is  unclean  and  emits  offensive  bodily  odors 
or  who  is  infested  with  lice  or  other  vermin;  and  the  truant  officer 
shall  arrest  and  prosecute  parent  or  guardians  who  do  not  rid 
their  children  of  vermin  and  bodily  uncleanliness,  when  notified 
to  do  so.  Refusal  of  parents  or  guardians  to  free  their  children  or 
wards  of  vermin  or  to  bathe  and  cleanse  them,  making  them  fit 
to  go  to  school,  shall  be  punished  by  a  fine  of  not  less  than  five 
dollars  and  imprisonment  for  ten  days  or  both.  And  if  the  re- 
fusal or  neglect  of  parents  or  guardians  to  bathe  and  cleanse  their 
children  or  wards  makes  it  necessary,  then  the  truant  officer,  up- 
on order  of  the  school  authorities,  shall  have  it  done,  the  cost  to  be 
paid  by  the  school  authorities  from  the  school  funds.  When- 
ever diphtheria,  scarlet  fever  or  other  contagious  and  infectious 
diseases  break  out  in  any  school,  it  shall  be  the  duty  of  the  town- 
ship trustee,  school  board,  school  trustee  or  the  school  authority 
or  authorities  having  control,  to  have  medical  inspection  made 
of  the  pupils,  and  all  found  in  any  degree  ill,  shall  be  sent  home 
and  there  retained  until  the  local  health  officer  gives  a  certificate 
of  health,  then  such  child  may  be  again  admitted  to  school.  It 
shall  be  unlawful  for  school  authorities  to  employ  teachers  or 
janitors  who  are  not  able-bodied  or  who  are  addicted  to  drugs  or 
intemperate  or  who  has  tuberculosis  or  syphilis.  All  school  houses 
shall  be  specially  cleaned  and  disinfected  each  year,  before  they  are 


53 

used  for  school  purposes.  The  cleaning  shall  consist  in  first  sweep- 
ing, then  scrubbing  the  floors,  washing  the  windows  and  all  wood- 
work, including  the  wooden  parts  of  seats  and  desks,  and  the 
disinfecting  shall  be  done  in  accordance  with  the  rules  of  the  state 
board  of  health.  Township  trustees,  school  boards  and  boards  of 
school  commissioners  who  neglect  or  refuse  to  obey  the  provisions 
of  this  section,  shall  be  fined  in  any  sum  of  not  less  than  ten  nor 
more  than  one  hundred  dollars,  and  each  said  refusal  or  neglect 
shall  constitute  a  separate  offense.  (R.  S.  1914,  §6616  b.) 


Hygiene  and  Sanitary  Science — Printed  Data. 

3.  There  shall  be  taught  in  each  year  in  the  fifth  grade  of  every 
public  school  in  Indiana,  the  primary  principles  of  hygiene  and 
sanitary  science,  and  especially  shall  instruction  be  imparted  con- 
cerning the  principal  modes  by  which  each  of  the  dangerous,  com- 
municable diseases  are  spread,  and  the  best  sanitary  methods  for 
the  restriction  and  prevention  of  each  such  disease.    Hygiene  may 
also  be  taught  in  other  grades  at  the  will  of  school  authorities. 
The  state  health  commissioner  and  the  state  superintendent  of 
public  instruction  shall  jointly  write,  compile  or  originate  printed 
data  in  leaflet  form,   setting  forth  as   plainly  as  possible,   the 
primary  principles  of  hygiene  and  sanitary  science,  and  informa- 
tion concerning  the  prevention  of  diseases,  and  supply  the  same  to 
all  county  superintendents,  and  said  superintendents  shall  sup- 
ply all  the  schools  in  their  respective  counties  and  see  to  it  that 
teachers  do  not  fail  to  comply  with  this  section:    Provided,  That 
for  all  cities  and  towns  having  school  superintendents,  the  said 
leaflets  and  pamphlets  shall  be  sent  direct  to  such  superintend- 
ents, who  shall  see  to  it  that  teachers  comply  with  this  section. 
The  state  printing  board  shall  publish  from  its  funds  all  health 
leaflets  or  pamphlets  as  are  herein  provided  for,  and  shall  also  pay 
the  cost  of  distribution  of  the  same  to  the  county,  city  or  town 
superintendents,  from  the  state  printing  funds.      (R.   S.   1914, 
§6616  c.) 

Schools — School  Officers — Powers. 

4.  For  the  purpose  of  enforcing  this  act  and  making  it  prac- 
tical, township  trustees,  boards  of  school  trustees  and  boards  of 
school  commissioners  shall  have  the  power,  and  it  is  herewith  made 
lawful  for  said  trustees  and  said  boards  to  make  a  levy  not  to  ex- 


54 

ceed  fifteen  cents  (15  cents)  on  each  one  hundred  dollars  ($100), 
the  sum  thus  raised  to  be  added  to  the  special  school  fund,  but  to 
be  used  only  for  building  and  furnishing  of  schoolhouses.  This 
levy  shall  not  be  made  unless  plainly  necessary.  (R.  S.  1914, 
§6616  d.) 

Penalty  as  to  Officers. 

5.  Any  township  trustee  or  the  members  of  any  board  of 
school  trustees  or  any  teacher  or  any  person  who  violates  any  pro- 
vision of  this  act,  except  as  herewith  or  otherwise  provided,  shall 
upon  conviction,  be  fined  not  less  than  $50. OOL  (R.  S.  1914, 
§6616  e.) 

Schools — Buildings  Used  for  Public  Gatherings. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  upon  application  of  not  less  than  one-half  of  the 
voters  residing  within  two  (2)  miles  of  any  school  house  or  other 
public  buildings  or  grounds,  which  are  capable  of  being  more  wide- 
ly used  as  public  meeting  places  for  non-partisan  gatherings  of 
citizens,  for  the  presentation  and  discussion  of  public  questions  or 
for  other  civic,  social  or  recreational  activities,  the  township 
trustee  or  other  authorities  having  charge  of  such  school  houses, 
public  buildings  or  grounds  shall  allow  the  use  of  such  buildings  or 
grounds  for  the  open  presentation  and  free  discussion  of  public 
questions,  and  may  allow  the  use  of  such  buildings  or  grounds  for 
such  other  civic,  social  and  recreational  activities  as  in  the  opinion 
of  the  controlling  board  do  not  interfere  with  the  prime  purpose 
of  the  building  or  grounds.  (R.  S.  1914,  §6614  b.) 

Buildings  to  be  Lighted  and  Heated. 

SEC.  2.  Where  the  citizens  of  any  community  are  organized 
into  a  nonpartisan,  nonsectarian,  nonexclusive  association  for  the 
presentation  and  discussion  of  public  questions,  the  school  board 
or  other  body  having  charge  of  the  schoolhouses  or  other  public 
properties  which  are  capable  of  being  used  as  meeting  places  for 
such  organization,  when  not  being  used  for  their  prime  purpose, 
shall  provide,  free  of  charge,  light,  heat  and  janitor  service, 
where  necessary,  and  shall  make  such  other  provisions  as  may  be 
necessary  for  the  free  and  convenient  use  of  such  building  or 
grounds,  by  such  organization  for  weekly,  bi-weekly  or  monthly 
gatherings  at  such  times  as  the  citizens'  organizations  shall  request 
.or  designate.  (R.  S.  1914,  §6614  c.) 


55 

Control  of  School  Board. 

SEC.  3.  The  school  board  or  other  board  having  charge  of  the 
school  houses  or  other  public  properties,  may  provide  for  the  free 
and  gratuitous  use  of  the  school  houses  or  other  public  properties 
under  their  charge  for  such  other  civic,  social  and  recreational  ac- 
tivities, as  in  their  opinion  do  not  interfere  with  the  prime  use  of 
the  buildrngs  or  properties.  (R.  S.  1914,  §6614  d.) 

Responsibility  for  Damages. 

SEC.  4.  The  person  or  persons  making  application  for  the  use 
of  a  school  house  or  other  public  property  for  public  meetings, 
shall  be  responsible  for  all  damage  to  the  property  occurring  at 
such  meetings,  ordinary  wear  and  tear  excepted,  and  upon  failure 
of  the  responsible  person  or  persons  to  respond  in  damages  for  any 
such  injury  to  the  property,  the  school  board  or  other  board  in 
charge  of  the  school  house  or  other  public  property,  may  refuse  all 
future  applications  for  the  wider  use  of  the  property  until  such 
injury  is  repaired,  without  expense  to  the  board  in  charge  of  the 
property.  (R.  S.  1914,  §6614  e.) 

Repeal. 

SEC.  5.  All  acts  and  parts  of  acts  conflicting  with  any  pro- 
visions of  this  act  are  repealed  in  so  far  as  they  are  inconsistent 
therewith. 

Schools — Buildings  and  Grounds  for  High  Schools — County 
Commissioners  Authorized  to  Accept. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  of  an  act  entitled  an  act  to  amend  the 
first  section  of  an  act  to  enable  counties  to  receive  donations  of 
buildings  and  grounds  for  high  school  purposes  and  to  provide 
for  the  maintenance  of  the  same  and  to  declare  an  emergency  ap- 
proved February  17,  1905,  be  and  the  same  is  hereby  amended  to 
read  as  follows:  Section  1.  That  whenever  any  person  or  persons 
shall  donate  to  any  county  of  the  state,  any  building,  or  buildings, 
together  with  the  necessary  grounds,  of  the  value  of  not  less  than 
$10,000,  in  counties  having  a  population  of  less  than  twenty-five 
thousand  (25,000)  and  of  the  value  of  twenty  thousand  ($20,000) 
dollars  in  counties  having  a  population  in  excess  of  twenty- 
five  thousand  (25,000)  for  the  purpose  of  maintaining  a  county 
high  school  or  county  agricultural  school  therein,  it  shall  be  the 


56 

duty  of  the  board  of  county  commissioners  of  such  county  to  ac- 
cept such  donation  for  the  purpose  herein  named.  (R.  S.  1914, 

§6868.) 

Township  high  schools,  sections  6584a-6584c. 

Aiding  colleges  and  high  schools  by  donations  and  appropriations,  sec- 
tions 6826-6843. 

Schools — City  and  Township — Joint  Graded  School. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  That  whenever  twenty-five  (25) 
legal  voters  residing  in  any  incorporated  town  or  city  of  the  fifth 
class  and  twenty-five  (25)  legal  voters  residing  in  the  same  town- 
ship, but  outside  said  town  or  said  city  shall  petition  the  school 
board  of  said  town  or  said  city  and  the  township  trustee  of  the 
township  in  which  said  town  or  said  city  is  located  to  erect  a  joint 
school  house  for  a  joint  graded  school,  or  a  joint  high  school,  or 
both,  or  such  modification  thereof  as  may  be  practicable,  it  shall 
be  the  duty  of  the  school  trustee  of  said  town  or  said  city  and  of 
said  township  trustee  or  a  majority  of  them  to  call  elections  of  the 
voters  of  the  town  or  city  and  the  voters  of  the  townships  resid- 
ing outside  of  such  town  or  city  respectively,  for  the  purpose  of 
determining  whether  a  majority  of  the  legal  voters  of  each  school 
corporation  are  in  favor  of  building  said  joint  school  house.  Such 
elections  of  the  legal  voters  of  the  townships  outside  of  the  town  or 
city  shall  be  separate  and  independent.  Said  trustees  shall,  upon 
the  filing  of  said  petitions,  give  notice  by  publication,  for  three 
successive  publications,  in  a  weekly  newspaper,  if  any,  published 
in  said  township,  and  if  no  weekly  is  published  in  said  township, 
then  in  the  nearest  newspaper  published  in  said  county,  that  on  a 
day  to  be  named  by  said  trustee  the  polls  will  open  at  the  several 
voting  places  in  said  township  named  in  the  petition  for  the  pur- 
pose of  taking  the  vote  of  the  legal  voters  thereof  upon  whether 
such  joint  school  house  shall  be  built;  said  elections  shall  be  held 
not  less*than  ten  (10)  days  nor  more  than  twenty  (20)  days  after 
the  last  publication  of  said  notice.  (R.  S.  1914,  §6622  a.) 

Ballots — Election  Method. 

2.  On  the  day  named  in  said  notice  such  polls  shall  be  opened 
and  the  votes  of  the  legal  voters  shall  be  taken  upon  the  question  of 
building  such  school  house,  and  said  election  shall  be  governed  by 


57 

the  general  laws  of  the  state,  so  far  as  they  may  be  applicable, 
except  as  otherwise  provided  herein.  Said  trustees  shall  constitute 
the  board  of  election  commissioners  and  they  shall  cause  to  be 
prepared  and  distributed  proper  ballots.  There  shall  be  printed 
on  the  ballots  two  squares  and  words  as  follows: 


YES 


NO 


For  building  the  school  house. 


For  [Against]  building  the  school  house. 


Each  voter  desiring  to  vote  for  the  building  of  such  joint  school 
house  shall  make  a  cross  with  a  pencil  in  the  square  containing  the 
word  "yes,"  and  each  voter  desiring  to  vote  against  the  building 
of  such  joint  school  house  shall  make  a  cross  in  the  square  con- 
taining the  word  "no."  Said  trustees  shall  appoint  inspectors, 
judges,  and  clerks  for  such  elections.  The  votes  cast  at  suoh  elec- 
tions shall  be  canvassed  at  the  office  of  the  township  trustee  on  the 
day  following  said  election  at  10  o'clock  a.  m.,  and  a  certificate  of 
the  votes  cast  for  and  against  the  building  of  said  school  house 
shall  be  filed  with  said  trustees.  If  a  majority  of  the  votes  cast  at 
each  of  such  elections  are  in  favor  of  the  building  of  such  joint 
school  house,  said  trustees  of  said  school  corporations  shall 
proceed  to  build  the  same,  and  the  township  advisory  board  shall 
make  the  proper  appropriation  for  the  proportionate  part  of  the 
cost  of  said  building  to  be  paid  by  said  township.  Said  trustees 
shall  provide  a  suitable  site  for  said  building.  (R.  S.  1914,  §6622  b.) 

Cost  of  Construction — Tax  Levy — Bonds  Issued. 

3.  The  cost  of  the  construction  of  such  joint  school  house  shall 
be  borne  by  such  school  corporation  in  proportion  to  the  total 
•  amount  of  taxable  property  in  each  of  such  school  corporation. 
If  such  school  town  or  school  city  shall  not  have  money  avail- 
able to  pay  for  its  proportionate  part  of  the  cost  of  the  construc- 
tion of  said  joint  school  house,  the  school  trustee  of  such  town  or 
such  city  may  issue  warrants  or  bonds  of  such  corporation  to  meet 
such  proportionate  cost.  If  there  are  not  sufficient  funds  avail- 
able out  of  the  annual  township  levy  to  meet  the  proportionate 
cost  of  said  school  house  to  be  paid  by  such  township,  then  the 
township  advisory  board  of  SMch  township  shall  order  bonds  or 
warrants  to  be  issued,  and  the  township  trustee  shall  issue  town- 
ship warrants  or  bonds  to  meet  such  proportionate  cost  to  be  paid 


58 

by  such  school  township.  Such  bonds  authorized  by  this  act  shall 
be  payable  in  such  amounts  and  at  such  times  as  the  trustees  of 
said  corporations  respectively  may  determine  and  shall  bear  such 
rate  of  interest  as  may  be  determined,  not  exceeding  four  and  one- 
half  (4|)  per  cent.  (R.  S.  1914,  §6622  c.) 

Joint  Ownership  of  Property. 

4.  Any  school  house  constructed  under  the  provisions  of  this 
act  shall  be  joint  property  of  said  corporations,  and  such  property 
shall  be  owned  by  such  corporations  in  proportion  to  the  amount 
paid  by  each  for  the  construction  of  the  same,  and  said  school  shall 
be  open  to  all  pupils  residing  in  said  town  or  city  or  township  free 
of  tuition.  The  trustee  of  said  school  corporations  shall  have  the 
control  and  management  of  said  school  house  and  school  and  the 
right  to  employ  teachers  in  such  school.  Neither  of  said  corpora- 
tions shall  ever  be  deprived  of  its  ownership  in  said  building  ex- 
cept upon  full  compensation  for  its  proportionate  interest  in  the 
same.  (R.  S.  1914,  §6622  d.) 

[p.  158,  Acts  1915.] 
Schools — Joint  High  Schools — Control. 

SECTION  1.  That  section  three  (3)  of  the  above  entitled  act  be 
amended  to  read  as  follows:  Section  3.  The  school  officials  of 
any  such  township,  townships  and  incorporated  towns  may  auth- 
orize and  enter  into  contract  with  the  school  commissioners  or 
board  of  school  trustees  of  any  such  city  or  incorporated  town  to 
provide  such  high  school  accommodations  for  a  part  or  all  of  their 
respective  townships  or  town  corporations  by  the  purchase  of 
grounds,  erection  of  a  building  or  buildings  or  by  making  repairs  of 
present  building  or  addition  thereto,  and  by  equipping  the  same  in 
accordance  with  existing  laws  governing  cities  and  towns  in  such 
procedure  including  the  issuing  of  notes  or  bonds  of  their  respec- 
tive corporation  and  the  payment  of  the  same:  Provided,  That 
the  officials  of  the  several  school  corporations  composing  such 
high  school  district  may  by  contract  provide  for  a  board  of  con- 
trol for  such  high  school  or  schools  consisting  of  the  township 
trustee  of  each  township  and  the  president  of  the  board  of  school 
commissioners  or  school  trustees  of  each  city  or  town  included  in 
such  high  school  district  which  board  of  control  shall  have  full 
control  and  management  of  such  school  or  schools  as  may  be  es- 
tablished or  maintained  by  such  high  school  district  each  mem- 


59 

ber  being  entitled  to  an  equal  vote  in  such  control  and  management; 
and  Provided,  That  the  provision  for  such  board  of  control  shall 
not  be  effective  in  any  high  school  district  established  by  virtue 
of  this  law,  except  in  such  high  school  districts  as  shall  contract 
for  such  board  of  control  as  herein  provided. 

[p.  580,  Acts  1915.] 
Schools — Joint  Township  High  Schools. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  two  adjoining  townships,  in  any  county  in  this 
state,  having  a  joint  assessed  valuation  of  more  than  seven  hun- 
dred and  fifty  thousand  dollars  ($750,000.00)  of  taxable  property, 
and  wherein  there  is  not  now  established,  in  either  of  said  ad- 
joining townships,  or  in  any  town  or  city  in  either  of  said  adjoin- 
ing townships,  a  separate  high  school,  and  in  which  there  is  not 
now  established  a  joint  high  school  for  the  use  of  said  ad- 
joining townships,  and  wherein,  for  each  of  the  two  years  last 
past,  there  have  been  eight  or  more  graduates  of  the  township 
elementary  schools  residing  in  each  of  said  adjoining  townships, 
the  township  trustees  of  said  adjoining  townships,  whenever  at 
least  one-third  or  more  of  the  parents,  guardians,  head  of  families, 
or  persons,  having  charge  of  children,  who  were  enumerated  for 
school  purposes  in  said  township,  at  the  last  preceding  enumera- 
tion, petition  the  trustees  of  said  adjoining  townships,  to  estab- 
lish, erect  and  maintain,  a  joint  high  school  building  and  high 
school,  at  some  point  within  said  adjoining  townships,  to  be  set 
out  and  designated  in  said  petition,  shall  establish,  erect,  and 
maintain  such  joint  high  school  building  and  high  school  within 
said  adjoining  townships  as  petitioned  for,  and  employ  competent 
teachers  therefor. 

Schools — Township  High  Schools — How  Established. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  each  township  of  this  state  having  an  assessed 
valuation  of  more  than  six  hundred  thousand  dollars  ($600,000) 
of  taxable  property  and  wherein  there  is  not  now  established  a 
high  school,  and  wherein  there  is  not  situate  a  city  or  town  main- 
taining a  high  school,  and  wherein  for  each  of  the  two  years  last 
past  there  have  been  eight  or  more  graduates  of  the  township 
elementary  schools,  residing  in  such  township,  the  township 
trustee  may  establish  and  maintain  therein,  a  high  school  or  a 


60 

joint  high  school  and  elementary  school,  and  employ  competent 
teachers  therefor;  whenever  a  majority  of  parents,  guardians, 
heads  of  families,  or  persons,  having  charge  of  children,  who 
were  enumerated  for  school  purposes  in  said  township,  at  the  last 
preceding  enumeration,  petition  the  trustee  of  said  township  to 
establish  and  maintain  a  high  school  or  joint  high  school  and 
elementary  school,  said  trustee  shall  establish  and  maintain  such 
a  school  petitioned  for.  (R.  S.  1914,  §6584  a.) 

Amount  of  Taxable  Property  Required. 

SEC.  2.  That  in  each  township. in  this  state  having  an  as- 
sessed valuation  of  more  than  six  hundred  thousand  dollars 
($600,000)  of  taxable  property  and  wherein  there  is  not  now  es- 
tablished a  high  school  in  such  township  or  in  any  town  within 
such  township  and  where  there  is  no  high  school  within  three 
miles  of  any  boundary  line  of  such  township,  and  wherein  for  each 
of  the  two  years  last  past  there  have  been  eight  or  more  grad- 
uates of  the  township  elementary  schools,  residing  in  such  town- 
ship, the  township  trustee  shall  establish  and  maintain  therein  a 
high  school  and  employ  competent  teachers  therefor.  (R.  S. 
1914,  §6584  b.) 

Location  of  School — Petition. 

SEC.  3.  The  location  of  such  school  shall  be  determined  by  the 
township  trustee:  Provided,  That  upon  the  petition  of  ten  par- 
ents, guardians,  heads  of  families,  or  persons,  having  charge  of 
children  who  are  graduates  of  the  elementary  schools  and  who 
were  enumerated  for  school  purposes  at  the  last  preceding  enum- 
eration, for  another  location  other  than  the  one  determined  upon 
by  said  township  trustee,  the  matter  shall  be  appealed  to  the 
county  superintendent  of  schools,  who  shall  determine  upon  the 
location  of  said  building  and  his  decision  shall  be  final,  and  said 
township  trustee  shall  proceed  in  the  execution  of  the  provisions 
of  this  act.  (R.  S.  1914,  §6584  c.) 

Schools — State    Superintendent    of    Public    Instruction- 
High  School  Inspector. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  state  superintendent  of  public  instruction  with 
the  approval  of  the  state  board  of  education,  shall  appoint  a  high 
school  inspector  who  shall  act  under  the  direction  of  the  state 


61 

superintendent  and  the  state  board  of  education.  The  duties 
conferred  by  law  upon  the  state  board  of  education  in  making 
inspections  of  high  schools  shall  be  performed  by  the  high  school 
inspector.  The  high  school  inspector  shall  be  paid  a  salary  of  two 
thousand  five  hundred  dollars  ($2,500)  annually  and  he  shall  be 
allowed  his  necessary  expenses  while  engaged  in  the  performance 
of  his  duties.  (R.  S.  1914,  §6296  a.) 

Appropriation . 

SEC.  2.  An  amount  to  pay  the  salary  and  expenses  of  the  high 
school  inspector  is  hereby  appropriated  out  of  the  state  treasury 
from  moneys  not  otherwise  appropriated.  (R.  S.  1914,  §6296  b.) 

Schools — Term  Continued. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  That  in  any  township  or  incor- 
porated town  in  which  a  non-commissioned  or  a  commissioned  or 
certified  high  school  has  been  or  may  hereafter  be  established, 
when  the  school  trustee  of  such  township  or  the  school  trustees  of 
such  incorporated  town  deem  it  unwise  or  inexpedient  to  continue 
the  term  of  the  elementary  schools  for  the  period  required  for  a 
commissioned  or  a  certified  high  school,  said  trustees  are  au- 
thorized to  continue  the  non-commissioned,  commissioned  or 
certified  high  school  of  said  school  corporation  for  a  term  not  to 
exceed  that  required  for  a  commissioned  high  school.  (R.  S.  1914, 
§6411  a.) 

Schools — Uniform  Text  Books. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  state  board  of  education  shall  constitute  a 
board  of  commissioners,  for  the  purpose  of  making  a  selection,  or 
procuring  the  compilation  for  use  in  the  high  schools  of  the  State 
of  Indiana,  of  text  books,  as  prescribed  in  this  act. 

Said  board  shall  select  single  text  books  in  the  following  sub- 
jects: Algebra,  geometry,  commercial  arithmetic,  history, 
United  States,  ancient,  mediaeval  and  modern;  civil  government, 
physical  geography,  commercial  geography,  history  of  English 
literature,  history  of  American  literature,  English  composition 
and  rhetoric,  Latin — beginning  Latin,  Latin  grammar,  prose  com- 
position, Caesar,  Cicero,  Virgil;  German  conversational  method 
grammar  and  grammatical  method  grammar. 


62 

The  board  shall  select  four  elective  text  books  in  each  of  the 
following  subjects:  Botany,  zoology,  physics,  chemistry,  agri- 
culture, agricultural  botany. 

Said  board  may  select  single  or  elective  text  books  in  any  ad- 
ditional subjects  not  included  in  this  section,  which  are  taught  in 
any  high  school  or  any  subject  which  may  hereafter  be  included 
in  the  curriculum  of  any  high  school,  whenever  any  high  school 
shall  determine  to  teach  such  subject,  and  whenever  such  selec- 
tion is  made  by  said  board,  the  text  book  so  selected  shall  be  used 
in  all  high  schools  in  the  State  of  Indiana,  teaching  said  subject. 
(R.  S.  1914.  §6324  a.) 

State  Board  of  Education — Duties. 

SEC.  2.  In  selecting  books  for  high  schools,  said  board  of 
commissioners  shall  be  subject  to  and  governed  in  all  respects,  so 
far  as  applicable  by  the  provisions  of  an  act  entitled  "An  act  en- 
titled an  act  to  create  a  board  of  commissioners  for  the  purpose  of 
securing  for  use  in  the  common  schools  of  the  State  of  Indiana  of 
a  series  of  text  books,  defining  the  duties  of  certain  officers  therein 
named  with  reference  thereto,  making  appropriations  therefor, 
defining  certain  felonies  and  misdemeanors,  providing  penalties 
for  the  violation  of  the  provisions  of  said  act,  repealing  all  laws  in 
conflict  therewith  and  declaring  an  emergency,"  approved  March 
2,  1889,  and  all  amendments  thereto,  so  far  as  applicable  shall  ap- 
ply to  the  selection  of  said  text  books  and  all  matters  relating 
thereto  under  the  provisions  of  this  act,  except  that  the  said 
board  of  commissioners  shall  have  power  to  fix  the  price  limit  of 
any  text  book  or  series  of  text  books.  (R.  S.  1914,  §6324  b.) 

Schools— Text  Books— Bids  Called  For. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  2  of  the  above  entitled  act  be  amended  to 
read  as  follows:  Section  2.  The  board  of  commissioners  shall 
advertise  for  twenty-one  consecutive  days  in  two  daily  papers 
published  in  this  state,  having  the  largest  circulation,  that  at  a 
time  and  place  to  be  fixed  by  said  notice,  and  not  later  than  six 
months  after  the  first  publication  thereof  said  board  wilKreceive 
sealed  proposals  on  the  following : 

First.  From  publishers  of  school  text-books,  for  furnishing 
books  to  the  school  trustees  of  the  State  of  Indiana  for  use  in  the 
common  schools  of  this  state,  as  provided  in  this  act,  for  a  term  of 


63 

five  years,  stating  specifically  in  such  bid  the  price  at  which  each 
book  will  be  furnished,  and  accompanying  such  bid  with  speci- 
men copies  of  each  and  all  books  proposed  to  be  furnished  in  such 
bid. 

Second.  From  authors  of  school  text-books,  who  have  manu- 
scripts of  books  not  published,  for  prices  at  which  they  will  sell 
their  manuscript,  together  with  the  copyright  of  such  books,  for 
use  in  the  public  schools  of  the  State  of  Indiana. 

Third.  From  persons  who  are  willing  to  undertake  the  com" 
pilation  of  a  book  or  books,  or  a  series  of  books,  as  provided  for  in 
section  one  (1)  of  this  act,  the  prices  at  which  they  are  willing  to 
undertake  such  compilation  of  any  or  all  of  such  books  to  the  ac- 
ceptance and  satisfaction  of  the  said  board  of  commissioners: 
Provided,  That  any  and  all  bids  by  publishers,  herein  provided  for, 
must  be  accompanied  by  a  bond  in  the  penal  sum  of  fifty  thousand 
dollars,  with  resident  freehold  surety,  to  the  acceptance  and  satis- 
faction of  the  governor  of  this  state,  conditioned  that  if  any  con- 
tract be  awarded  to  any  bidder  hereunder,  such  bidder  will  enter 
into  a  contract  to  perform  the  conditions  of  his  bid  to  the  accept- 
ance and  satisfaction  of  said  board :  and  Provided,  further,  That 
no  bid  shall  be  considered  unless  the  same  be  accompanied  by  the 
affidavit  of  the  bidder  that  he  is  in  nowise,  directly  or  indirectly, 
connected  with  any  other  publisher  or  firm  who  is  now  bidding  for 
books  submitted  to  such  board,  nor  has  any  pecuniary  interest  in 
any  other  publisher  or  firm  bidding  at  the  same  time,  and  that  he  is 
not  a  party  to  any  compact,  syndicate  or  other  scheme  whereby 
the  benefits  of  competition  are  denied  to  the  people  of  this  state: 
And  be  it  further  provided,  That  if  any  competent  author  or  authors 
shall  compile  any  one  or  more  books  of  the  first  order  of  excel- 
lence, and  shall  offer  the  same  as  a  free  gift  to  the  people  of  this 
state,  together  with  the  copyright  of  the  same  and  the  right  to 
manufacture  and  sell  such  works  in  the  State  of  Indiana  for  use  in 
the  public  schools,  it  shall  be  the  duty  of  such  board  of  commis- 
sioners to  pay  no  money  for  any  manuscript  or  copyright  for  such 
book  or  books  on  the  subject  treated  of  in  the  manuscript  so 
donated;  and  such  board  shall  have  the  right  to  reject  any  and  all 
bids,  and  at  their  option  such  board  shall  have  the  right  to  reject 
any  bid  as  to  a  part  of  such  books,  and  to  accept  the  same  as  to 
the  residue  thereof.  (R.  S.  1914,  §6325.) 

This  section  is  not  open  to  the  objection  that  it  creates  a  monopoly. 
State  v.  Haworth,  122  Ind.  462,  23  N.  E.  Rep.  946. 


64 

Schools — Sale  of  Text  Books — County  Superintendent  May 
Appoint  Township  Trustee  or  Board  of  School  Trus- 
tees as  Depository  Merchants. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  That  on  and  after  the  taking  ef- 
fect of  this  act,  every  contract  made  by  the  state  board  of  educa- 
tion as  a  state  board  of  school  book  commissioners  for  furnishing 
school  books  shall  provide  that  the  county  superintendent  of 
schools  in  each  county  of  the  state  shall  appoint  some  dealer  or 
merchant  within  the  county  to  act  as  a  depository  for  the  sale  and 
distribution  of  school  books  contracted  for  by  such  board  of  school 
book  commissioners,  and  he  shall  contract  with  said  dealer  or  mer- 
chant to  carry  a  sufficient  supply  of  said  adopted  books  to  sup- 
ply the  trade  in  the  county,  and  to  sell  the  same  at  contract  price, 
except  to  other  dealers  and  merchants  within  the  county,  to  whom 
he  shall  sell  the  books  for  cash  at  a  discount  of  ten  per  cent.  (10%) 
from  the  contract  price.  The  said  depository  merchant  or  dealer 
shall  also  contract  with  said  county  superintendent  to  furnish  to 
each  publisher  holding  a  contract  with  the  State  of  Indiana  under 
this  act,  satisfactory  evidence  of  his  financial  responsibility,  or 
furnish  a  surety  bond  covering  the  estimated  amount  of  sales  to  be 
made  by  him  in  any  year,  whereupon  the  said  contractor  or  pub- 
lisher shall  sell  to  said  dealer  all  books  ordered  by  him  at  a  dis- 
count of  fifteen  per  cent.  (15%)  from  the  contract  price:  Pro- 
vided, That  said  school  book  depository  shall  pay  cash  to  the  con- 
tractor or  publisher  for  all  books  received  without  sixty  (60) 
days  of  the  date  of  shipment  of  such  books:  Provided,  That  the 
contractor  shall  pay  all  transportation  charges  to  the  nearest 
railroad  or  river  station  to  said  depository.  It  shall  be  the  duty  of 
said  depository  annually  in  July  to  ascertain  from  the  county 
superintendent  and  local  dealers  the  probable  number  of  books 
that  will  be  needed  to  supply  the  schools  for  the  ensuing  year,  and 
upon  receipt  of  this  information,  he  shall  order  said  books  on  or 
before  the  first  day  of  August  in  each  year;  and  upon  receipt  of 
such  books  he  shall  immediately  notify  the  local  dealers  and  mer- 
chants, desirous  of  handling  such  books:  Provided,  That  the  coun- 
ty superintendent  shall  at  any  time,  on  the  request  of  a  town- 
ship trustee  or  the  board  of  school  trustees  appoint  such  town- 
ship trustee  or  board  of  school  trustees  to  act  as  a  depository  mer- 
chant or  dealer  for  the  sale  and  distribution  of  school  books  and  in 
such  case  the  township  trustee  or  board  of  school  trustees  in  his 


65 

capacity  as  depository  merchant  or  dealer  shall  conform  in  all 
respects  to  the  provisions  of  this  act  as  they  apply  to  any  other  de- 
pository merchant  or  dealer  appointed  by  the  county  superintend- 
ent. (R.  S.  1914,  §6355.) 

Schools — Compulsory  Attendance  of  Children. 

SECTION  1.    Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  it  shall  be  the  duty  of  every  parent,  guardian,  or 
other  person,  in  the  State  of  Indiana,  having  the  control  or  charge 
of  any  child,  to  cause  such  child  to  attend  regularly  a  public, 
private,  or  parochial  day-school,  or  two  or  more  of  such  schools, 
during  each  school  year  for  a  term  or  period  not  shorter  than  that 
of  the  common  schools  of  the  school  corporation  in  this  state  where 
the  child  resides.     This  section  shall  apply  to  every  child  not 
physically  or  mentally  disqualified    as  hereinafter  provided,  who 
shall  be  of  the  age  of  seven  years  and  of  not  more  than  the  age  of 
fourteen  years,  and  shall  apply  to  every  child  of  fourteen  years  or 
more  and  not  more  than  sixteen  years  of  age,  who  is  not  actually 
and  regularly  employed,  during  the  hours  of  the  common  school 
of  such  school  corporation,  in  a  useful  employment  or  service,  or  is 
not  lawfully  employed  in  a  gainful  service  agreeably  to  the  pro- 
visions of  this  act  concerning  the  employment  of  children  in  gain- 
ful occupations.    If  a  child  otherwise  subject  to  the  provisions  of 
this  act  shall  be,  as  evidenced  by  a  certificate  of  a  reputable,  duly 
licensed,  and  practicing  physician,  either  physically  or  mentally 
unfit  to  attend  school,  then  during  such  disability  this  act  shall  not 
apply  to  such  child.  If  in  the  absence  of  such  certificate,  the  person 
having  control  or  charge  of  any  child  shall  claim  that  it  is  so 
physically  or  mentally  unfit,  then  it  shall  be  the  duty  of  the  com- 
mon school  corporation,  where  the  child  resides,  to  cause  the  child 
to  be  examined  by  such  physician  or  physicians,  and  if  such  physi- 
cian or  physicians,  shall  certify  that  such  child  is  mentally  or 
physically  fit  to  attend  school,  then  such  child  shall  not  be  ex- 
empt from  the  provisions  of  this  act,  but  unless  they  so  certify 
such  child  shall  be  exempt  from  the  provisions  of  this  act  during 
the  continuance  of  such  disability:    Provided,  If  a  child,  otherwise 
subject  to  the  provisions  of  this  act,  shall  by  reason  of  deafness, 
or  partial  deafness,  or  of  blindness,  or  partial  blindness,  be  unable 
to  secure  in  the  school  named  herein  a  proper  education  by  use  of 
the  sense  of  hearing,  or  of  the  sense  of  sight,  the  parent,  guardian, 
or  other  person  having  the  control  or  charge  of  such  children  shall 
cause  them  between  seven  and  eighteen  years  of  age  to  attend  the 

5 — 4343 


66 

Indiana  state  school  for  .the  deaf,  or  the  Indiana  school  for  the 
b  ind,  during  the  full  scholastic  terms  of  said  schools  unless  dis- 
charged therefrom  by  the  board  of  trustees  of  either  of  said  schools; 
and  the  employment  under  the  provisions  of  this  act  of  any  of 
said  children  between  the  ages  of  seven  and  eighteen  years  during 
the  school  terms  of  said  schools  respectively  is  hereby  prohibited 
unless  a  certificate  of  discharge  issued  by  the  superintendent  of 
either  of  said  schools  be  presented  as  herein  provided.  Applica- 
tion for  admission  of  such  children  to  such  school,  respectively, 
shall  be  made  out  in  the  usual  form  and  passed  upon  by  the  board 
of  trustees  of  said  respective  schools,  and  no  child  shall  be  per- 
mitted to  enter  either  of  said  schools  until  the  application  shall 
have  been  accepted  by  the  proper  board  of  trustees,  and  upon  the 
rejection  of  any  child's  application  by  either  of  said  boards, 
neither  such  child  nor  its  parent,  guardian,  or  other  person  hav- 
ing control  or  charge  of  it,  shall  thereafter,  in  respect  of  such 
child,  be  subject  to  the  provisions  of  this  act,  until  such  child's 
application  shall  be  accepted. 

For  the  purpose  of  enforcing  this  act  the  age  of  children  shall 
be  established,  if  possible,  first,  by  a  duly  verified  copy  of  birth 
certificate  or  baptismal  certificate  or  passport  to  be  produced  to 
the  proper  common  school  corporation  by  parents,  guardians  or 
other  persons  having  control  or  charge  of  children.  If  neither 
such  certificate  nor  passport  exists,  then  the  age  shall  be  estab- 
lished by  the  first  school  enumeration  in  which  the  age  of  the  child 
appears.  If  there  be  no  such  enumeration  then  by  the  affidavit 
of  the  parent,  guardian,  or  other  person  having  control  or  charge 
of  children,  and  the  supporting  affidavit  of  some  disinterested 
person.  (R.  S.  1914,  §6675.) 

Age  Limit — Employment. 

SEC.  2.  No  child  under  sixteen  years  of  age  who  under  the 
provisions  of  this  act  would  otherwise  be  required  to  attend 
school,  shall  be  employed  in  any  occupation  during  hours  wherein 
the  common  schools  at  the  residence  of  the  child  are  in  session, 
unless  the  child  shall  have  attained  the  age  of  fourteen  years  and 
shall  have  procured  a  certificate  from  the  executive  officer  of  the 
common  school  corporation  of  which  the  child  is  a  resident,  or 
some  person  designated  by  him,  showing  the  age,  date  and  place 
of  birth,  if  known,  or  ascertainable,  of  such  child  and  showing  that 
the  child  has  passed  the  fifth  grade  in  the  common  schools,  or  its 
equivalent  and  a  written  and  signed  statement  from  the  child's 


67 

employer  show'ng  that  the  person  making  it  has  employed  or  is 
about  to  employ,  such  child;  and  showing  the  place  and  character 
of  the  employment.  For  the  purpose  of  making  the  certificate 
herein  required,  it  shall  be  the  duty  of  such  common  school  execu- 
tive or  other  person  designated  by  him,  to  obtain  the  information 
required  as  in  section  1  of  this  act.  If  the  date  or  place  of  birth 
can  not  be  ascertained  in  any  of  these  modes,  then  the  school  offi- 
cer may  certify  that,  in  his  opinion,  the  child  is  fourteen  years  of 
age,  or  more,  and  is  physically  fit  to  undertake  the  work  he  in- 
tends to  do  and  to  issue  the  certificate  in  accordance  therewith  to 
the  employer  or  prospective  employer  of  the  child.  The  em- 
ployer shall  keep  the  certificate  on  file  and  shall  produce  it  for  in- 
spection and  demand  by  any  inspector  of  the  department  of  in- 
spection or  any  other  official  authorized  by  law  to  inspect  the 
same,  and  shall  immediately  when  his  employment  of  such  child 
shall  cease,  in  writing,  notify  the  school  corporation  of  that  fact 
and  the  date  thereof,  on  blanks  to  be  attached  to  the  certificate 
by  the  school  corporation.  It  shall  be  unlawful  for  the  emp'oyer 
to  re-employ  the  child  without  a  like  new  certificate.  Such  certif- 
icate having  been  presented  to  the  employer,  it  shall  not  be  neces- 
sary for  the  employer  to  procure  another  affidavit  of  the  child's 
age  for  the  service  in  the  occupation  mentioned  in  the  statement 
of  the  employer  to  the  school  corporation.  The  state  board  of 
truancy  shall  define  the  meaning  of  the  word  occupation  as  used 
in  this  act.  (R.  S.  1914,  §6676.) 

Attendance  Officer — Duties. 

SEC.  3.  Attendance  officers  whose  appointment  is  by  this  act 
provided  for,  are  hereby  empowered  and  authorized  to  enter  any 
place  wherein  children  are  employed  for  the  purpose  of  determin- 
ing whether  any  children  are  so  employed  in  violation  of  the  pro- 
visions of  this  act.  It  shall  be  the  duty  of  all  parents,  guardians, 
and  other  persons  having  control  or  charge  of  children,  and  of  all 
employers  of  children,  to  furnish  the  attendance  officers,  upon  re- 
quest, full  information  concerning  children  employed  by  them, 
and  for  such  purpose  attendance  officers  shall  have  the  right  to 
examine  any  employment  certificates,  notices,  registers,  or  other 
lists  concerning  employed  children,  required  by  the  law  to  be 
kept  on  file  or  posted  in  places*  where  children  are  employed. 
(R.  S.  1914,  §6677.) 


68 

Schools — Attendance  Officers — How  Appointed. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  four  (4)  of  the  above  entitled  act  be  amend- 
ed to  read  as  follows:  Section  4.  The  attendance  officers  men- 
tioned in  this  act  shall  be  appointed  on  the  first  day  in  May,  un- 
less said  day  be  Sunday,  and  if  so,  on  the  following  Monday,  of 
each  year  and  shall  take  office  on  the  first  day  of  the  following 
August.  The  county  board  of  education  shall  appoint  an  attend- 
ance officer  for  the  county,  who  shall  be  known  as  county  attend- 
ance officer,  and  who  shall  be  under  the  county  superintendent,  in 
carrying  out  the  provisions  of  this  statute  and  who  shall  be  sub- 
ject to  removal  from  office  by  the  county  board  of  education  for 
inefficiency,  incompetency,  or  neglect  of  duty.  In  counties  hav- 
ing a  population  of  fewer  than  twenty-five  thousand  (25,000) 
inhabitants,  according  to  the  last  preceding  United  States  census, 
the  county  board  of  education,  shall  appoint  the  county  attend- 
ance officer,  and  the  person  so  selected  shall  serve  also  as  probation 
officer  of  such  county  unless  the  judge  of  the  circuit  court  of  such 
county  shall  appoint  some  other  person  to  serve  as  such  pro- 
bation officer.  It  shall  be  the  duty  of  such  attendance  officer  to 
see  that  the  provisions  of  this  act  are  complied  with,  and  when 
from  personal  knowledge  or  by  report  or  complaint  from  any  resi- 
dent or  teacher  within  the  territory  under  his  supervision,  he  be- 
lieves that  any  child,  subject  to  the  provisions  of  this  act  is  habit- 
ually tardy  or  absent  from  school  he  shall  immediately  give  or 
send  by  mail,  to  the  parent,  guardian,  or  other  person  having  con- 
trol or  charge  of  such  child,  a  written  notice  that  the  prompt  and 
regular  attendance  of  such  child  at  school  is  required,  and,  if 
within  five  (5)  days  after  this  mailing  or  giving  of  notice,  the  per- 
son to  whom  it  shall  be  given  shall  not  comply  with  the  provisions 
of  this  statute  respecting  the  attendance  of  such  child  at  school, 
then  such  attendance  officer  shall  make  complaint  against  the 
person  so  notified  in  the  juvenile  court  of  that  county,  or  the  cir- 
cuit court  acting  as  juvenile  court,  or  in  any  court  of  record,  set- 
ting forth  the  violation  of  the  provisions  of  this  act.  But  one 
notice  shall  be  required  for  any  one  child  during  any  one  school 
year.  Any  person  so  notified  who  shall  violate  the  provisions  of 
this  statute  concerning  the  attendance  of  a  child  at  school,  shall 
be  adjudged  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  less  than  one  dollar  ($1.00)  nor  more  than  twen- 
ty-five dollars  ($25.00),  to  which  may  be  added  in  the  discretion  of 


69 

the  court,  imprisonment  in  the  county  jail  for  not  less  than  two  (2) 
nor  more  than  ninety  (90)  days.  Any  attendance  officer  failing 
to  perform  any  duties  imposed  upon  him  by  the  provisions  of  this 
act,  shall  upon  conviction,  be  fined  in  the  sum  of  five  dollars 
($5.00)  for  each  such  failure,  (p.  151,  Acts  1915.) 

Number  of  Attendance  Officers. 

SEC.  5.  A  city  having  a  school  enumeration  of  2,000  or  more 
children,  or  two  or  more  cities  or  towns  in  any  county  having  a 
combined  school  enumeration  of  2,000  or  more,  may,  if  it  or  they 
desire,  constitute  a  separate  district  for  the  administration  of  this 
act.  Cities  of  this  state  having  a  school  enumeration  of  2,000 
and  less  than  10,000  children,  shall  have  but  one  attendance 
officer;  cities  of  more  than  10,000  and  fewer  than  20,000  may  have 
two  attendance  officers;  cities  of  20,000  and  fewer  than  30,000 
may  have  three  attendance  officers;  cities  of  30,000  and  fewer  than 
40,000  may  have  four  attendance  officers;  and  cities  of  40,000  or 
more  school  enumeration  may  have  five  or  more  attendance  offi- 
cers, the  number  to  be  determined  by  the  board  of  school  com- 
missioners of  such  city.  The  attendance  officers  of  cities  and  such 
separate  districts  constituted  as  above  provided,  shall  enforce  the 
provisions  of  this  act  in  the  manner  mentioned  in  section  4  hereof 
and  shall  be  subject  to  the  penalties  therein  mentioned  for  failure 
in  the  performance  of  duty.  The  attendance  officers  of  cities  men- 
tioned in  this  act  shall  be  appointed  by  the  school  trustees  or 
board  of  school  commissioners,  respectively,  of  such  city.  A 
person  to  be  eligible  for  appointment  as  county  or  other  at- 
tendance officer,  in  pursuance  of  this  act  shall  have  completed  the 
eighth  grade  of  the  state's  common  schools  or  have  an  education 
equivalent  thereto.  (R.  S.  1914,  §6679.) 

Per  Diem. 

SEC.  6.  Attendance  officers  shall  receive  from  the  county 
treasury  two  dollars  for  each  day  of  actual  service,  to  be  paid  by 
the  county  treasurer  upon  a  warrant  signed  by  the  county  auditor, 
and  the  county  council  sha1!  appropriate,  and  the  board  of  county 
commissioners  shall  allow  the  funds  necessary  to  make  such  pay- 
ment. No  warrant  for  the  payment  of  such  compensation  to  any 
attendance  officer  shall  be  issued  until  the  attendance  officer  shall 
have  filed,  with  the  county  auditor  an  itemized  statement  of  the 
time  he  has  been  employed,  and  until  such  statement  shall  have 


70 

been  certified  by  the  superintendent  of  schools  of  the  county  or 
of  the  school  corporation  which  he  serves.  (R.  S.  1914,  §6680.) 

Record  of  Attendance. 

SEC.  7.  An  accurate  record  of  the  attendance  of  all  children 
who  have  reached  the  age  of  seven  years  and  have  not  passed  the 
age  of  sixteen  shall  be  kept  daily  by  the  teacher  of  every  school 
showing  by  the  year,  month,  day  of  the  month,  and  day  of  the 
week,  such  attendance.  Such  records  shall  at  all  times  be  open  to 
the  school  authorities  of  the  city  or  district  and  every  such  teacher 
shall  fully  answer  all  inquiries  lawfully  made  by  such  school 
authorities  or  by  attendance  officers  or  other  duly  authorized  per- 
sons. All  school  officers  and  teachers  are  hereby  required  to  make 
and  furnish  all  reports  that  may  be  required  by  the  superintendent 
of  public  instruction,  by  the  state  board  of  truancy,  or  the  at- 
tendance officer  with  reference  to  the  workings  of  this  act.  (R. 
S.  1914,  §6681.) 

State  Board  of  Truancy. 

SEC.  8.  A  state  board  of  truancy,  to  consist  of  the  state  super- 
intendent of  public  instruction,  a  member  of  the  state  board  of 
education,  designated  by  that  board  for  such  purpose,  and  the  sec- 
retary of  the  board  of  state  charities,  is  hereby  created.  Said 
board  shall  have  power  to  determine  the  special  educational  re- 
quirements to  be  possessed  by  all  persons  appointed  as  attend- 
ance officers  and  shall  take  such  steps  toward  the  uplift,  unifica- 
tion, and  systematization  of  methods  of  attendance  work  in  this 
state  as  may  be  deemed  proper  by  them  and  shall  have  all  powers 
specified  in  this  act;  and  shall  have  power  and  be  charged  with  the 
duty  and  responsibility  of  administering  this  act,  defining  the 
meaning  of  the  terms  used  herein  and  setting  up  such  standards, 
rules,  regulations,  and  procedure  under  the  provisions  of  this  act 
as  may  be  necessary  from  time  to  time  to  carry  the  same  into  ef- 
fect and  which  local  authorities  charged  with  the  administration 
of  this  act  shall  be  required  to  follow.  (R.  S.  1914,  §6682.) 

Assistance  Furnished. 

SEC.  9.  If  any  parent,  guardian,  or  other  person  having  con- 
trol or  charge  of  any  child,  who  is  subject  to  the  provisions  of  this 
act,  does  not  have  sufficient  means  to  furnish  such  child  with 
books  and  clothing  necessary  to  the  attendance  upon  school,  then 


71 

the  school  corporation  where  such  child  resides  shall  furnish  it 
temporary  aid  for  such  purpose,  which  aid  shall  be  allowed  and  re- 
paid to  such  school  corporation  upon  the  certificate  of  the  execu- 
tive officer  of  such  school  corporation,  by  the  township  overseer  of 
the  poor  in  the  manner  provided  by  law  for  the  relief  of  the  poor. 
Such  certificate  shall  be  accompanied  by  such  information  as  will 
enable  the  overseer  of  the  poor  to  make  the  reports  required  by 
law  governing  the  relief  of  the  poor.  (R.  S.  1914,  §6683.) 

Separate  Schools  for  Incorrigibles. 

SEC.  10.  All  common  school  corporations  in  this  state  are 
hereby  empowered  to  maintain,  either  within  or  without  the  cor- 
porate limits  of  such  corporation,  a  separate  school  for  incorrigible 
and  truant  children.  Any  child  who  shall  be  a  truant  or  incorri- 
gible may  be  compelled  by  the  school  corporation  to  attend  such 
separate  school  for  an  indeterminate  time.  (R.  S.  1914,  §6684.) 


Confirmed  Truant. 

SEC.  11.  Any  child,  subject  to  the  provisions  of  this  act 
who  habitually  absents  itself  from  school  may  be  declared  by  the 
attendance  officer  and  superintendent  of  schools  of  the  county  or  of 
the  city  where  it  resides  a  confirmed  truant.  Such  confirmed 
truant  may  be  sentenced  by  the  judge  of  the  juvenile  court,  or  by 
the  judge  of  the  circuit  court  acting  as  judge  of  the  juvenile  court 
or  by  the  judge  of  any  court  of  record,  if  a  boy,  to  the  Indiana 
boys'  school,  or  if  a  girl,  to  the  Indiana  girls'  school  provided  such 
child  is  within  the  age  limit  set  for  admission  to  such  institutions. 
If  deemed  advisable  by  the  judge  such  incorrigible  child  may  be 
sent  to  such  other  custodial  institution  within  the  state  as  the 
judge  may  designate.  Its  maintenance  in  such  institution  shall  be 
paid  as  the  law  provides  for  the  maintenance  of  dependent  chil- 
dren committed  by  the  court  to  such  custodial  institutions.  In  all 
cases  where  a  child  is  so  committed  to  an  institution  it  shall  be 
placed  in  charge  of  the  probation  officer  or  some  other  person  desig- 
nated by  the  court,  to  be  conveyed  under  his  direction  to  the  desig- 
nated institution,  and  the  actual  necessary  expense  thereby  in- 
curred shall  be  paid  by  the  board  of  county  commissioners.  A 
woman  shall  always  be  sent  as  such  attendant  with  girls  so  com- 
mitted. (R.  S.  1914,  §6685.) 


72 

Expenses—  Special  Levy. 

SEC.  12.  For  the  defraying  of  the  expenditures  necessary  in 
the  carrying  out  of  the  provisions  of  this  statute,  common  school 
corporations  of  this  state  are  empowered  to  levy  in  addition  to 
any  and  all  sums  otherwise  provided  by  law  an  amount  of  special 
school  revenue  not  exceeding  five  cents  on  each  $100.00  of  tax- 
able property,  and  such  taxes  shall  be  levied  and  collected  as  other 
special  school  revenues.  (R.  S.  1914,  §6685  a.) 

Duties  of  Enumerators. 

SEC.  13.  In  order  that  the  provisions  of  this  act  may  be  more 
definitely  enforced,  it  is  hereby  provided  that  the  enumerators  of 
school  children,  in  taking  the  annual  school  census  shall  ascertain 
and  record  the  place  and  date  of  birth  of  every  child  enumerated, 
and  the  parent,  guardian,  or  other  persons  having  control  or  charge 
of  such  children,  shall  subscribe  and  take  oath  or  affirmation  that 
such  record  is  true  to  the  best  of  his  information,  knowledge,  or  be- 
lief. The  enumerator  is  hereby  empowered  to  administer  such 
oath  or  affirmation  and  any  parent,  guardian,  or  other  person  hav- 
ing control  or  charge  of  children,  who  shall  refuse  to  take  such  oath 
or  affirmation,  unless  the  refusal  be  based  upon  the  want  of  knowl- 
edge, information,  or  belief,  shall  be  adjudged  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  one  dollar  ($1.00).  (R.  S.  1914,  §6685  b.) 

Information  for  Attendance  Officer. 

SEC.  14.  On  or  before  the  first  day  of  each  school  year  the 
executive  officer  of  each  school  corporation  shall  furnish  the  at- 
tendance officer  thereof  with  the  names  of  the  children,  subject  to 
the  provisions  of  this  act,  who  are  enumerated  in  the  regular 
enumeration  lists.  These  names  shall  be  alphabetically  ar- 
ranged, and  such  official  shall  give  to  the  attendance  officer  all  in- 
tormation  contained  in  the  regular  enumeration  returns  concern- 
ing the  children  so  listed.  The  county  and  each  school  corpora- 
tion, shall  provide  its  own  attendance  officers  with  the  necessary 
postage  and  such  blanks  as  may  be  required  by  the  state  board  of 
truancy  or  the  state  superintendent  of  public  instruction  pertain- 
ing to  the  due  execution  of  the  duties  of  such  attendance  officers. 
(R.  S.  1914,  §6685  c.) 


73 

Penalty. 

SEC.  15.  Any  parent,  guardian,  or  other  person  having  con- 
trol or  charge  of  children  who  shall  permit  the  employment  of  any 
child  in  violation  of  section  2  of  this  act  and  any  one  who  shall 
employ  a  child  in  violation  of  that  section  and  any  person  who  shall 
violate  any  provision  of  this  act,  for  which  offense  no  penalty  is 
hereinbefore  denounced,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars,  nor  more 
than  fifty  dollars.  (R.  S.  1914,  §6685  d.) 

Repeal. 

SEC.  16.  The  statute  of  1901,  in  force  March  11,  1901,  (ses- 
sion laws  of  1901,  page  470)  entitled  "An  act  concerning  the  educa- 
tion of  children,"  and  all  acts  supplemental  thereof  and  amenda- 
tory thereto,  and  all  other  laws  and  parts  of  laws  in  so  far  as  in 
conflict  to  the  provisions  of  this  act,  are  hereby  repealed,  (p.  624, 
Acts,  1913.) 

Vocational  Education. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  The  following  words  and  phrases  as  used  in  this  act  shall, 
unless  a  different  meaning  is  plainly  required  by  the  context,  have 
the  following  meanings : 

1.  " Vocational  education"  shall  mean  any  education  the  con_ 
trolling  purpose  of  which  is  to  fit  for  profitable  employment. 

2.  "Industrial   education"   shall   mean  that  form   of  voca- 
tional education  which  fits  for  the  trades,  crafts  and  wage-earn- 
ing pursuits,  including  the  occupation  of  girls  and  women  carried 
on  in  stores,  workshops,  and  other  establishments. 

3.  "Agricultural  education"  shall  mean  that  form  of  voca- 
tional education  which  fits  for  the  occupations  connected  with  the 
tillage  of  the  soil,  the  care  of  domestic  animals,  forestry  and  other 
wage-earning  or  productive  work  on  the  farm. 

4.  "Domestic  science"  education  shall  mean  that  form  of 
vocational  education  which  fits  for  occupations  connected  with  the 
household. 

5.  "Industrial,  agricultural  or  domestic  science  school  or  de- 
partment"  shall  mean  an   organization  of  courses,   pupils  and 
teachers  designed  to  give  either  industrial,  agricultural  or  domestic 
science  education  as  herein  defined,  under  a  separate  director  or 
head. 


74 

6.  "Approved   industrial,    agricultural   or   domestic    science 
school  or  department"  shall  mean  an  organization  under  a  sep- 
arate   director  or  head,  of  courses,  pupils  and  teachers  approved 
by  the  state  board  of  education  designed  to  give  either  industrial, 
agricultural  or  domestic  science  education  as  herein  defined. 

7.  "Evening  class"  in  an  industrial,  agricultural  or  domestic 
science  school  or  department  shall  mean  a  class  giving  such  train- 
ing as  can  be  taken  by  persons  already  employed  during  the  work- 
ing day,  and  which  in  order  to  be  called  vocational  must  in  its  in- 
struction deal  with  the  subject-matter  of  the  day  employment,  and 
be  so  carried  on  as  to  relate  to  the  day  employment;  but  evening 
classes  in  domestic  science  relating  to  the  home  shall  be  open  to  all 
women  over  seventeen  who  are  employed  in  any  capacity  during 
the  day. 

8.  "Part-time  classes"  in  an  industrial,  agricultural  or  domes- 
tic science  school  or  department,  shall  mean  a  vocational  class 
for  persons  giving  a  part  of  their  working  time  to  profitable  em- 
ployment and  receiving  in  the  part-time  school  or  department,  in- 
struction complementary  to  the  practical  work  carried  on  in  such 
employment.     To  give  a  part  of  their  working  time  such  persons 
must  give  a  part  of  each  day,  week  or  longer  period  to  such  part- 
time  class  during  the  period  in  which  it  is  in  session.  (R.  S.  1914, 
§6641  a.) 

"Shall" — Generally  it  is  the  presumption  that  the  word  "shall,"  as  used 
in  a  given  law,  is  to  be  construed  in  an  imperative  sense,  unless  a  different 
legislative  intent  clearly  appears  from  the  context  or  manifest  purpose  of  the 
act  as  a  whole.  State  of  Indiana,  ex  rel.  Simpson  et  al.  v.  Meeker  et  al., 
182  Ind.  240. 

Establishment  of  Schools. 

SEC.  2.  Any  school  city,  town  or  township  may  through  its 
board  of  school  trustees  or  school  commissioners  or  township  trus- 
tee, establish  vocational  schools  or  departments  for  industrial, 
agricultural  and  domestic  science  education  in  the  same  manner  as 
other  schools  and  departments  are  established  and  may  maintain 
the  same  from  the  common  school  funds  or  from  a  special  tax 
levy  not  to  exceed  10  cents  on  each  $100  of  taxable  property,  or 
partly  from  the  common  school  funds  and  partly  from  such  tax. 
School  cities,  towns  and  townships  are  authorized  to  maintain 
and  carry  on  instruction  in  elementary  domestic  science,  in- 
dustrial and  agricultural  subjects  as  a  part  of  the  regular  course 
of  instruction.  (R.  S.  1914,  §6641  b.) 


75 


Classes — How  Divided. 


SEC.  3.  In  order  that  instruction  in  the  principles  and  prac- 
tice of  the  arts  may  go  on  together,  vocational  schools  and  de- 
partments for  industrial,  agricultural  and  domestic  science  edu- 
cation may  offer  instruction  in  day,  part-time  and  evening  classes. 
Such  instruction  shall  be  of  less  than  college  grade  and  be  de- 
signed to  meet  the  vocational  needs  of  persons  over  14  years  of 
age  who  are  able  to  profit  by  the  instruction  offered.  Attend- 
ance upon  such  day  or  part-time  classes  shall  be  restricted  to 
persons  over  14  and  under  25  years  of  age;  and  upon  such  even- 
ing classes  to  persons  over  17  years  of  age.  (R.  S.  1914,  §6641  c.) 

Co-operative  Schools. 

SEC.  4.  Two  or  more  school  cities,  towns  or  townships  or  com- 
binations thereof,  may  co-operate  to  establish  and  maintain  vo- 
cational schools  or ,  departments  for  industrial,  agricultural  or 
domestic  science  education  or  in  supervising  the  same,  whenever 
the  school  board  or  township  trustees  of  such  school  cities,  towns 
or  townships  shall  so  determine  and  apportion  the  cost  thereof 
among  the  cities,  towns  and  townships  co-operating.  Whenever 
such  co-operative  schools  or  departments  have  been  determined 
upon  by  any  school  cities,  towns  or  townships,  or  combination 
thereof,  the  presidents  of  the  school  boards  of  the  cities  or  towns 
and  the  township  trustees  of  the  townships  co-operating  shall  con- 
stitute a  board  for  the  management  of  such  school  or  department, 
such  board  may  adopt  for  a  period  of  one  year  or  more,  a  plan 
of  organization,  administration  and  support  for  such  school  or  de- 
partment and  the  plan,  if  approved  by  the  state  board  of  education 
shall  constitute  a  binding  contract  between  cities,  towns  and  town- 
ships entering  into  a  co-operation  to  support  such  schools  and 
courses  which  shall  be  cancelled  or  annulled  only  by  the  vote  of  a 
majority  of  the  school  boards  or  township  trustees  of  such  school 
cities,  towns  or  townships  and  the  approval  of  the  state  board  of 
education.  (R.  S.  1914,  §6641  d.) 

Studies — How  Outlined. 

SEC.  5.  Elementary  agriculture  shall  be  taught  in  the  grades 
in  all  town  and  township  schools;  elementary  industrial  work  shall 
be  taught  in  the  grades  in  all  city  and  town  schools,  and  elemen- 
tary domestic  science  shall  be  taught  in  the  grades  in  all  city, 
town  and  township  schools.  The  state  board  of  education  shall 


76 

outline  a  course  of  study  for  each  of  such  grades  as  they  may  de- 
termine which  shall  be  followed  as  a  minimum  requirement.  The 
board  shall  also  outline  a  course  of  study  in  agriculture,  domestic 
science  and  industrial  work,  which  they  may  require  city,  town  and 
township  high  schools  to  offer  as  regular  courses.  After  Septem- 
ber 1,  1915,  all  teachers  required  to  teach  elementary  agriculture, 
industrial  work  or  domestic  science  shall  have  passed  an  examin- 
ation in  such  subjects  prepared  by  the  state  board  of  education. 
(R.  S.  1914,  §6641  e.) 

State  Board  of  Education — Duties. 

SEC.  6.  The  state  board  of  education  is  hereby  authorized 
and  directed  to  investigate  and  to  aid  in  the  introduction  of  in- 
dustrial, agricultural  and  domestic  science  education,  to  aid 
cities,  towns  and  townships  to  initiate  and  superintend  the  estab- 
lishment and  maintenance  of  schools  and  departments  for  the 
aforesaid  forms  of  education;  and  to  supervise  and  approve  such 
schools  and  departments,  as  hereinafter  provided.  The  board  of 
education  shall  make  a  report  annually  to  the  general  assembly  de- 
scribing the  condition  and  progress  of  industrial,  agricultural  and 
domestic  science  education  during  the  year  and  making  such  rec- 
ommendations as  they  may  deem  advisable.  (R.  S.  1914,  §6641  f.) 

State  Board  Comprised  of. 

SEC.  7.  The  state  board  of  education  shall  consist  of  the  sup- 
erintendent of  public  instruction,  the  presidents  of  Purdue  uni- 
versity, the  State  university  and  the  State  normal  school,  the  sup- 
erintendents of  schools  of  the  three  cities  having  the  largest 
enumeration  of  children  for  school  purposes  annually  reported  to 
the  state  superintendent  of  public  instruction,  as  provided  by  law, 
three  citizens  actively  engaged  in  educational  work  in  the  state,  at 
least  one  of  whom  shall  be  a  county  superintendent  of  schools, 
and  three  persons  actively  interested  in,  and  of  known  sympathy 
with,  vocational  education,  one  of  whom  shall  be  a  representa- 
tive of  employes  and  one  of  employers. 

The  governor  shall  appoint  the  members  of  the  board,  except 
the  ex  officio  members,  for  a  term  of  four  years. 

In  the  first  instance  one  member  shall  be  appointed  for  two 
years,  one  for  three  years  and  one  for  four  years.  The  present 
appointive  members  shall  serve  until  the  expiration  of  the  time  for 
which  they  were  appointed.  The  governor  shall  fill  all  vacancies 


77 

occurring  in  the  board  for  the  imexpired  term,  and  each  member 
shall  serve  until  his  successor  shall  have  been  appointed  and 
qualified. 

The  superintendent  of  public  instruction  shall,  ex  officio,  be 
president  of  the  board,  and  in  his  absence  the  members  present 
shall  elect  a  president  pro  tempore.  The  board  shall  elect  one  of 
its  members  secretary  and  treasurer,  who  shall  have  the  custody 
of  its  records,  papers  and  effects,  and  shall  keep  minutes  of  its 
proceedings.  The  records,  papers,  effects  and  minutes  shall  be 
kept  at  the  office  of  the  superintendent,  and  shall  be  open  for  in- 
spection. The  board  shall  meet  upon  the  call  of  the  president,  or  a 
majority  of  its  members,  at  such  place  in  the  state  as  may  be 
designated  in  the  call.  They  shall  adopt  and  use  a  seal,  on  the 
face  of  which  shall  be  the  words  "Indiana  state  board  of  educa- 
tion," or  such  other  device  or  motto  as  the  board  may  direct,  an 
impression  and  written  description  of  which  shall  be  recorded  on 
the  minutes  of  the  board  and  filed  in  the  office  of  the  secretary 
of  state,  which  seal  shall  be  used  for  the  authenticaton  of  the  acts 
of  the  board  and  the  important  acts  of  the  superintendent  of 
public  instruction. 

The  board  shall  have  all  the  powers  and  perform  all  the  duties 
now  imposed  by  law  on  the  state  board  of  education.  (R.  S.  1914, 
§6641  g.) 

Appointments — How  Made. 

SEC.  8.  The  state  superintendent  of  public  instruction;  with 
the  advice  and  approval  of  the  state  board  of  education,  shall  ap- 
point a  deputy  superintendent  in  charge  of  industrial  and  domestic 
science  education  who  shall  act  under  the  direction  of  the  state 
superintendent  of  public  instruction  in  carrying  out  the  provisions 
of  this  act.  The  salary  and  term  of  office  of  such  deputy  shall  be 
fixed  by  the  board  and  he  shall  be  removable  by  the  board  only  for 
cause. 

The  state  superintendent,  with  the  approval  of  the  state  board 
of  education,  is  authorized  to  co-operate  with  Purdue  university 
in  the  appointment  of  some  person  actively  connected  with  the 
agricultural  extension  work  at  Purdue  as  an  agent  in  supervising 
agricultural  education,  who  shall  serve  in  a  dual  capacity  as  an 
agent  of  the  state  superintendent  and  an  assistant  at  Purdue  uni- 
versity. The  board  and  the  authorities  of  Purdue  university  may 
fix  the  proportion  of  the  salary  of  such  agent  to  be  borne  by  the 
state  and  by  the  university.  Such  person  shall  be  subject  to  re- 
moval for  cause  by  the  state  board  of  education. 


78 

All  expenses  incurred  in  discharge  of  their  duties  by  deputies 
and  agents  shall  be  paid  by  the  state  from  funds  provided  for  in 
this  act.  (R.  S.  1914,  §6641  h.) 

Advisory  Committee. 

SEC.  9.  Boards  of  education  or  township  trustees  administer- 
ing approved  vocational  schools  and  departments  for  industrial, 
agricultural  or  domestic  science  education,  shall,  under  a  scheme 
to  be  approved  by  the  state  board  of  education,  appoint  an  ad- 
visory committee  composed  of  members  representing  local  trades, 
industries  and  occupations.  It  shall  be  the  duty  of  the  advisory 
committee  to  counsel  with  and  advise  the  board  and  other  school 
officials  having  the  management  and  supervision  of  such  schools 
or  departments.  (R.  S.  1914,  §6641  i.) 

Admission  to  Schools — To  Whom  Made. 

SEC.  10.  Any  resident  of  any  city,  town  or  township  in  In- 
diana, which  does  not  maintain  an  approved  vocational  school  or 
department  for  industrial,  agricultural  or  domestic  science  educa- 
tion offering  the  type  of  training  which  he  desires,  may  make  ap- 
plication for  admission  to  such  school  or  department  maintained 
by  another  city,  town  or  township  or  any  school  of  secondary 
grade  maintaining  an  approved  industrial,  agricultural  or  domes- 
tic science  school  or  department.  The  state  board  of  education, 
whose  decision  shall  be  final,  may  approve  or  disapprove  such 
application.  In  making  such  decision  the  board  shall  take  into 
consideration  the  opportunities  for  free  vocational  training  in  the 
community  in  which  the  applicant  resides;  the  financial  status  of 
the  community;  the  age,  sex,  preparation,  aptitude  and  previous 
record  of  the  applicant,  and  all  other  relevant  circumstances. 

The  school  city  or  town  or  township  in  which  the  person  re- 
sides, who  has  been  admitted  as  above  provided,  to  an  approved 
vocational  school  or  department  for  industrial,  agricultural  or 
domestic  science  education,  maintained  by  another  city,  town  or 
township  or  other  school,  shall  pay  such  tuition  fee  as  may  be 
fixed  by  the  state  board  of  education,  and  the  state  shall  reim- 
burse such  school  city  or  town  or  township  as  provided  for  in  this 
act.  If  any  school  city  or  town  or  township  neglects  or  refuses  to 
pay  for  such  tuition,  it  shall  be  liable  therefor  in  an  action  of  con- 
tract to  the  school  city  or  town  or  township  or  cities  and  towns  and 
townships  or  other  school  maintaining  the  school  which  the  pupil 


with  the  approval  of  the  said  board  attended.      (R.   S.   1914, 
§6641  j.) 

Compulsory  Attendance. 

SEC.  11.  In  case  the  board  of  education  or  township  trustee 
of  any  city,  town  or  township  have  established  approved  voca- 
tional schools  for  the  instruction  of  youths  over  fourteen  years  of 
age  who  are  engaged  in  regular  employment,  in  part-time  classes, 
and  have  formally  accepted  the  provisions  of  this  section,  such 
board  or  trustee  are  authorized  to  require  all  youths  between  the 
ages  of  fourteen  and  sixteen  years  who  are  regularly  employed,  to 
attend  school  not  less  than  five  hours  per  week  between  the  hours 
of  8  a.  m.  and  5  p.  m.  during  school  term.  (R.  S.  1914,  §6641  k.) 

County  Agent — Petition. 

SEC.  12.  Whenever  twenty  or  more  residents  of  a  county,  who 
are  actively  interested  in  agriculture,  shall  file  a  petition  with  the 
county  board  of  education  for  a  county  agent,  together  with  a  de- 
posit of  $500.00  to  be  used  in  defraying  expenses  of  such  agent, 
the  county  board  of  education  shall  file  said  petition,  within  thirty 
days  of  its  receipt,  with  the  county  council,  which  body  shall,  upon 
receipt  of  such  petition,  appropriate  annually  the  sum  of  $1,500.00 
to  be  used  in  paying  the  salary  and  other  expenses  of  said  county 
agent.  When  the  county  appropriation  has  been  made  the  coun- 
ty board  of  education  shall  apply  to  Purdue  university  for  the  ap- 
pointment of  a  county  agent  whose  appointment  shall  be  made 
annually  and  be  subject  to  the  approval  of  the  county  board  of 
education,  and  the  state  board  of  education.  When  such  appoint- 
ment has  been  made,  there  shall  be  paid  annually  from  the  state 
fund  provided  for  in  this  act,  to  Purdue  university,  to  be  paid  to 
the  county  providing  for  a  county  agent,  an  amount  sufficient  to 
pay  one-half  the  annual  salary  of  the  county  agent  appointed  as 
herein  provided :  Provided,  That  not  more  than  $1,000  shall  be  ap- 
propriated to  any  one  county :  Provided,  further,  That  not  more 
than  thirty  (30)  counties  during  the  year  ending  September  30, 
1914;  and  sixty  (60)  counties  during  the  year  ending  September  30, 
1915,  shall  be  entitled  to  state  aid.  It  shall  be  the  duty  of  such 
agent,  under  the  supervision  of  Purdue  university,  to  co-operate 
with  farmers'  institutes,  farmers'  clubs  and  other  organizations, 
conduct  practical  farm  demonstrations,  boys'  and  girls'  clubs  and 
contest  work  and  other  movements  for  the  advancement  of  agri- 


80 

culture  and  country  life  and  to  give  advice  to  farmers  on  prac- 
tical farm  problems  and  aid  the  county  superintendent  of  schools 
and  the  teachers  in  giving  practical  education  in  agriculture  and 
domestic  science.  The  county  board  of  education  is  hereby  au- 
thorized to  file  monthly  bills  covering  salary  and  expenses  of 
county  agent,  the  same  to  be  approved  by  Purdue  university, 
with  the  county  auditor  who  shall  draw  his  warrant  or  warrants 
on  the  county  treasurer  for  the  payment  of  same.  (R.  S.  1914, 
§6641  1.) 

In  view  of  Par.  1,  Art.  8,  of  the  Constitution  making  it  the  duty  of  the 
legislature  to  encourage  by  all  suitable  means,  moral,  intellectual,  scientific 
and  agricultural  improvement,  and  to  provide  by  law  for  a  general  and  uni- 
form system  of  public  schools  and  in  view  of  the  purpose  of  the  act  of  1913, 
known  as  the  Vocational  Education  Law,  to  meet  existing  industrial  and  social 
problems  by  an  adaptation  of  the  public  schools  to  the  needs  of  the  peo- 
ple, Par.  12  of  the  act  providing  for  the  appointment  of  a  county  agent  to  as- 
sist in  giving  practical  education  in  agriculture,  and  for  making  appropria- 
tions of  money  for  the  purpose,  is  not  invalid  as  conferring  a  special  privilege 
on  an  arbitrary  class  of  persons,  since,  while  it  provides  only  for  agricultural 
education,  other  sections  of  the  act  provide  for  vocational  education  along 
other  lines. 

The  Vocational  Education  Law  is  designed  to  operate  uniformly  in  all 
parts  of  the  state  where  the  same  circumstances  and  conditions  exist,  and 
the  uniformity  of  operation  is  not  destroyed  by  the  mere  fact  that  Par.  12  of 
the  act  providing  for  county  agents  to  assist  in  giving  practical  education  in 
agriculture,  designates  a  different  method  for  determining  the  need  for  that 
kind  of  education. 

Section  12  of  the  Vocational  Education  Law  providing  that  the  county 
council  shall,  upon  the  filing  of  a  petition  for  the  appointment  of  a  county 
agent  to  assist  in  agricultural  education,  make  a  certain  appropriation  of 
money  for  that  purpose,  is  mandatory,  and  hence  mandamus  will  lie  to 
compel  the  council  to  make  the  appropriation.  State  of  Indiana,  ex  rel. 
Simpson  et  al.  v.  Meeker  et  al.,  182  Ind.  240. 

County  Council  can  be  mandated  to  appropriate  salary  for  county  genta, 
when  same  has  been  properly  appointed.  Comer  v.  State,  110  N.  E.  Rep.  984. 

Cities  and  Towns — Reimbursed. 

SEC.  13.  Vocational  schools  or  departments  for  industrial, 
agricultural  and  domestic  science  education  shall  so  long  as  they 
are  approved  by  the  state  board  of  education  as  to  organization, 
location,  equipment,  courses  of  study,  qualifications  of  teachers, 
methods  of  instruction,  conditions  of  admission,  employment  of 
pupils  and  expenditures  of  money,  constitute  approved  vocational 
schools  or  departments.  School  cities  and  towns  and  townships 
maintaining  such  approved  vocational  schools  shall  receive  reim- 
burs  as  ementprovided  in  this  act.  (R.  S.  1914,  §6641  m.) 


81 

State  Maintenance. 

SEC  14.  The  state,  'n  order  to  aid  in  the  maintenance  of  ap- 
proved vocational  schools  or  departments  for  industrial,  agri- 
cultural and  domestic  science  education,  shall,  as  provided  in  this 
act,  pay  annually  to  school  cities  and  towns  and  townships  main- 
taining such  schools  and  departments  an  amount  equal  to  two- 
thirds  of  the  sum  expended  for  instruction  in  vocational  and  tech- 
nical subjects  authorized  and  approved  by  the  state  board  of 
education.  Such  cost  of  instruction  shall  consist  of  the  total 
amount  raised  by  local  taxation  and  expended  for  the  teachers  of 
approved  vocational  and  technical  subjects.  School  cities  and 
towns  and  townships  that  have  paid  claims  for  tuition  in  approved 
vocational  schools  shall  be  reimbursed  by  the  state  as  provided  in 
this  act,  to  the  extent  of  one-half  the  sums  expended  by  such  school 
cities  and  towns  and  townships  in  payment  of  such  claims. 
(R.  S.  1914,  §6641n.) 

Claims  for  Reimbursement. 

SEC.  15.  Any  school  city,  town  or  township  having  claims 
for  reimbursement  against  the  state  under  the  provisions  of  this 
act  shall  present  the  same  to  the  state  board  of  education  on  or 
before  July  1st  of  each  year  immediately  following  the  com- 
pletion of  the  work  for  which  they  are  entitled  to  reimbursement 
from  the  state.  The  board  shall  if  they  approve  the  claim  au- 
thorize its  payment  by  the  auditor  of  state  who  shall  thereupon 
draw  his  warrant  on  the  treasurer  of  state  for  the  payment  of  the 
amount  due  such  school  city,  town  or  township,  from  the  fund 
provided  in  this  act.  (R.  S.  1914,  §6641  o.) 

Annual  Levy. 

SEC  16.  To  provide  a  state  fund  to  carry  out  the  provisions 
of  this  act,  there  shall  be  levied  annually  as  a  part  of  the  state 
common  school  levy  an  additional  levy  of  one  cent  on  each  one 
hundred  dollars  of  taxable  property  in  the  state,  which  shall  con- 
stitute a  fund  for  the  purposes  of  this  act.  Any  part  of  the  fund 
remaining  at  the  close  of  any  fiscal  year  shall  be  placed  by  the 
treasurer  of  state  in  a  permanent  fund  for  vocational  education, 
the  proceeds  of  which  shall  be  used  to  aid  in  carrying  out  the  pro- 
visions of  this  act.  (R.  S.  1914,  §6641  p.) 

6—4343 


82 

Salaries  and  Expenses. 

SEC.  17.  A  sum  sufficient  to  pay  the  salaries  and  expenses  of 
the  deputies,  agents  and  employes  in  carrying  out  the  provisions 
of  this  act,  and  an  amount  sufficient  to  carry  out  the  provisions  of 
section  12  is  hereby  appropriated  annually  for  two  years,  to  be 
available  on  and  after  April  1,  1913.  Thereafter  all  salaries  and 
expenses  shall  be  paid  from  the  fund  provided  for  in  this  act. 
(R.  S.  1914,  §6641  q.) 

When  Effective. 

SEC.  18.  This  act  shall  take  effect  as  to  the  provisions  for 
state  aid  to  approved  vocational  schools  at  the  beginning  of  the 
school  year  1914-1915.  All  other  provisions  of  this  act,  includ- 
ing the  provisions  for  a  county  agent,  as  provided  in  section  12, 
shall  be  in  force  from  and  after  its  publication,  (p.  46,  Acts  1913.) 

Repeal. 

SEC.  19.  All  laws  and  parts  of  laws  in  conflict  herewith  are 
hereby  repealed,  (p.  46,  Acts  1913.) 

[p.  153,  Acts  1915.] 

Schools  —  Cities  First  Class  —  Non-residents  —  Vocational 
Schools. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  any  common  school  corporation,  in  a  city  of  this 
state  having  a  population  of  more  than  one  hundred  thousand  ac- 
cording to  the  last  preceding  United  States  census,  which  has  es- 
tablished, or  shall  establish,  according  to  law,  vocational,  trade 
and  industrial  schools  in  such  city,  may  admit  to  such  schools  non- 
residents of  the  State  of  Indiana  on  the  payment  of  reasonable 
laboratory  and  shop  fees  and  a  tuition  fee  of  not  more  than  the 
cost  to  said  school  corporation,  per  pupil,  of  conducting  such  vo- 
cational, trade  and  industrial  schools:  In  estimating  such  cost  the 
school  corporation  shall  include  nothing  as  a  return  or  interest  on 
capital  invested  in  buildings,  grounds  or  equipment  or  for  interest 
on  any  bonds  or  on  other  obligations. 

Property  in  Trust — Bonds  Issued. 

SEC.  2.  Any  common  school  corporation  in  a  city  of  this  state 
having  a  population  of  more  than  one  hundred  thousand,  accord- 


83 

ing  to  the  last  preceding  United  States  census,  may  accept  prop- 
erty in  trust  to  be  used  for  common  school,  or  vocational,  trade  or 
industrial  school  purposes,  or  for  library  purposes,  and,  as  trustee, 
whether  made  such  trustee  by  appointment  of  a  court  or  by  the 
founder  of  the  trust,  may  perform  such  trust  by  using  the  trust  prop- 
erty, consistently  with  the  terms  of  the  trust,  in  conducting  schools 
or  vocational,  trade  or  industrial  schools  or  libraries.  If  any  such 
school  city  shall,  by  a  resolution,  or  other  formal  corporate  ac- 
tion, of  its  board  of  school  commissioners,  accept  real  estate  or 
other  property  in  trust,  as  above  stated,  and  the  trust  property 
shall,  at  the  time  of  acceptance,  be  subject  to  liens  or  charges  of 
any  kind  which  shall  be  in  sums  not  greater  in  their  aggregate 
amount  than  fifty  (50)  per  cent,  of  the  then  fair  cash  value  of  the 
full  fee  simple  title  of  the  trust  property,  were  it  free  of  the  trust, 
and  such  value  shall  have  been  ascertained  by  written  appraisal 
made  by  three  disinterested  residents  of  such  city  selected  by  such 
board  of  school  commissioners,  then,  and  in  that  event,  the  school 
city  is  hereby  authorized,  in  its  discretion,  to  pay  off  and  discharge 
such  liens  or  charges,  or  any  part  or  parts  thereof,  and  to  make  such 
payment  at  one  time,  or  from  time  to  time.  For  the  purpose 
of  raising  money  to  pay  off  and  discharge  any  such  liens  or  charges 
and  to  erect  and  equip  buildings  on  the  trust  real  estate  needed  in 
the  due  execution  of  the  trust,  such  school  city  is  hereby  given 
power,  to  be  exercised  at  its  discretion,  to  borrow  money,  and,  from 
time  to  time,  as  required,  to  issue  its  bonds  therefor  in  any  sum 
needed  for  one  or  both  of  such  purposes,  but  there  shall  not  be 
outstanding  at  any  one  time  bonds  issued  under  the  authority  of 
this  act  in  a  principal  sum  greater  than  three  hundred  thousand 
dollars  ($300,000).  The  power  to  issue  such  bonds  shall  be  a  con- 
tinuing power  and  new  issues  for  like  purposes,  in  performing  the 
same  trust,  or  other  trusts  such  as  are  herein  mentioned,  may  be 
made  when  necessary,  but  at  no  time  shall  this  power  be  executed 
while  there  shall  be  bonds  issued  under  this  power  of  three  hun- 
dred thousand  dollars  ($300,000)  principal  outstanding,  nor  at 
any  time  to  an  amount  which,  added  to  such  bonds  then  out- 
standing, would  make  an  aggregate  principal  of  more  than 
$300,000.  No  bond,  issued  under  the  authority  of  this  act,  shall 
be  delivered  until  the  money  therefor-  shall  have  been  paid  to  the 
treasurer  of  the  school  city,  issuing  it;  and  interest  thereon  shall 
not  begin  to  accrue  before  the  time  of  such  delivery.  Such  bonds 
shall  bear  interest  at  a  rate  of  not  more  than  four  and  one-half 
(4J)  per  cent,  per  annum,  and  the  interest  shall  be  payable 


84 

semi-annually.  The  bonds  shall  be  sold  by  the  school  city  issu- 
ing them  at  not  below  par  and  shall  mature  not  more  than  forty- 
five  (45)  years  from  their  date  and  they  shall  be  known  as  "educa- 
tional trust  bonds",  and  may  be  made  to  mature  at  one  time  or  at 
different  times,  as  the  school  city  may  choose. 

Preparatory  to  offering  any  such  bonds  for  sale  such  school 
c  ty,  by  its  board  of  school  commissioners,  shall  give  notice,  for  not 
less  than  three  (3)  weeks,  of  the  date  and  place  fixed  for  the  sale 
and  in  the  notice  shall  give  a  brief  description  of  the  bonds  and  of 
the  mode  of  bidding  and  invite  bids.  Such  notice  shall  be  by  ad- 
vertisement for  three  weeks  by  publication,  one  time  in  one  news- 
paper published  in  the  city  wherein  the  school  corporation  is 
located  and  one  time  in  one  newspaper  published  in  the  city  of  New 
York,  and  by  such  other  method  of  advertising,  if  any,  as  the 
board  of  school  commissioners  may  prescribe.  The  board  shall 
sell  the  bonds  to  the  highest  and  best  bidder,  reserving,  however,  in 
its  advertisements  and  notices,  the  right  to  reject  any  and  all 
bids. 

The  proceeds  arising  from  all  sales  of  bonds,  made  in  pur- 
suance of  this  act,  shall  be  kept  in  a  separate  fund  and  be  known 
as  "educational  trust  bond  fund",  and  shall  be  used  only  for  one 
or  more  of  the  purposes  hereinbefore  referred  to  as  objects  for 
which  such  bonds  are  hereby  authorized  to  be  issued. 

Additional  High  School  Buildings — Bonds  May  be  Issued. 

SEC.  3.  Be  it  further  enacted  by  the  general  assembly  of  the  State 
Indiana,  That  the  common  school  corporation  in  any  city  of  this 
state  of  more  than  one  hundred  thousand  inhabitants,  according 
to  the  last  preceding  United  States  census,  when,  by  reason  of  the 
crowded  condition  of  its  schools,  a  necessity  arises  for  providing 
additional  high  school  buildings,  in  such  school  city  and  when 
the  school  city  shall,  by  formal  resolution  adopted  and  spread 
upon  its  minutes  declare  that  such  need  exists  and  that  such  school 
city  has  not  and  will  not  have  the  means  to  build  or  equip  the 
new  building  or  to  purchase  the  ground  on  which  to  locate  the 
same  and  shall  declare  to  what  extent  the  school  city's  available 
means  will  fall  short  of  meeting  such  needs  then,  and  in  that  event, 
it  shall  be  lawful  for  said  school  city  to  borrow  money  and  issue 
the  bonds  of  said  school  city,  to  the  amount  of  such  deficit,  but 
not  in  a  principal  sum  greater  than  one  hundred  and  fifty  thou- 
sand dollars  in  the  case  of  any  one  such  additional  high  school 


85 

building.  Such  bonds  shall  be  known  as  "additional  high  school 
bonds".  They  shall  bear  interest  at  a  rate  of  not  more  than  four 
and  one-half  (4J)  per  cent,  per  annum,  interest  payable  semi- 
annually;  shall  be  sold  for  not  less  than  par  and  shall  mature  at 
not  more  than  forty-five  (45)  years  from  their  date  and  may  be 
made  to  mature  all  at  one  time  or  at  different  times.  No  bond  so 
to  be  issued  shall  be  delivered  to  the  purchaser  until  the  price 
therefor  shall  be  paid  to  the  treasurer  of  said  school  city,  and  no 
interest  shall  accrue  thereon  before  such  delivery.  Such  bonds 
shall  be  payable  to  bearer  and  shall  be  of  the  general  form  usual  in 
municipal  coupon  bonds.  Preparatory  to  offering  such  bonds  for 
sale  such  school  city  shall  give  notice  for  not  less  than  three  (3) 
weeks  of  the  date  fixed  for  the  sale  of  such  bonds  with  a  brief 
description  thereof  and  of  proposals  therefor.  Such  notice  shall 
be  given  by  advertisement  by  one  insertion  in  at  least  one  news- 
paper published  in  the  city  wherein  said  school  corporation  is 
situate,  and  by  one  insertion  in  at  least  one  newspaper  published 
in  the  city  of  New  York,  and  by  such  other  advertisements  as  the 
school  city  may  choose.  The  bonds  shall  be  sold  to  the  highest 
and  best  bidder  and  the  right  shall  be  reserved  to  the  school  city 
in  all  the  said  notices,  to  reject  any  and  all  bids. 

The  proceeds  arising  from  such  sale  shall  be  used  for  no  pur- 
pose other  than  an  additional  high  school  building,  viz.:  for  the 
purchase  of  grounds  for  and  the  erection  and  equipping  of  addi- 
tional buildings  for  high  schools.  The  powers  hereby  given  to  is- 
sue bonds  for  the  particular  purposes  herein  enumerated  shall  be 
in  addition  to  all  other  bond  issuing  power  given  by  statute  to  such 
school  cities. 

Pending  Litigation. 

SEC.  4.  Nothing  in  this  act  contained  shall  be  construed  to 
affect  any  litigation  pending  at  the  time  of  its  passage  or  in  itself 
to  authorize  any  such  school  city  to  act  as  trustee  under  any  ap- 
pointment heretofore  made  or  made  hereafter  in  any  litigation 
now  pending. 

Schools  —  Agricultural  and  Domestic  Science  —  Petition  - 
Levy. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  whenever  twenty-five  (25)  per  cent,  of  the  legal 
voters  of  any  township,  in  the  State  of  Indiana,  wherein  is  sit- 


86 

uated  a  township  high  school,  shall  petition  the  township  trustee, 
of  such  township,  for  the  erection,  construction  and  equipping  of  a 
room  or  building  upon  the  grounds  or  real  estate  upon  which  such 
high  school  is  situate,  in  which  to  teach  and  instruct  the  students 
of  such  township  in  the  arts  of  agriculture,  domestic  science,  or 
physical  or  practical^  mental  culture,  and  in  which  to  hold  school 
or  township  entertainments,  or  to  be  used  for  township  purposes, 
the  township  trustee,  with  the  concurrence  of  the  advisory  board 
of  such  township,  shall  be  authorized  and  empowered  to  provide 
such  room  or  building,  as  may  best  suit  such  needs  in  such  town- 
ship, by  erecting,  building  and  equipping  such  room  or  building, 
as  aforeasid,  to  meet  the  requirements  and  necessities  therefor. 
(R.  S.  1914,  §6623  h.) 

Buildings — Bonds  Issued. 

SEC.  2.  For  the  purpose  of  raising  funds  for  the  building  and 
construction  of  such  room  or  building,  as  is  provided  in  section  1 
of  this  act,  the  township  trustee  of  such  township  is  hereby  au- 
thorized and  empowered,  with  the  concurrence  and  sanction  of 
the  advisory  board  of  such  township,  to  issue  and  sell  the  bonds  of 
such  township  in  an  amount  sufficient  to  pay  for  the  construc- 
tion and  equipping  of  such  room  or  building,  and  to  levy  a  tax  on 
the  taxable  property  of  such  township  in  an  amount  sufficient  to 
discharge  and  satisfy  such  bonds  so  issued  and  sold;  provided, 
such  bonds  shall  be  in  equal  series,  and  shall  fall  due,  one  each  year, 
for  a  period  of  ten  (10)  years:  Provided,  further,  That  an  amount 
not  exceeding  one  (1)  per  cent,  of  the  total  amount  of  taxable 
property  of  any  township  may  be  used  and  expended  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  act.  (R.  S.  1914. 
§6623  i.) 

Township  Trustee — Maintenance. 

SEC.  3.  The  township  trustee,  of  any  township,  in  the  State  of 
Indiana,  shall,  by  the  provisions  of  the  act  being  first  complied 
with,  shall  cause  such  room  or  building  to  be  constructed  and 
equipped  for  the  teaching  and  instruction  of  agriculture  science, 
domestic  science,  physical  culture,  practical  mental  culture,  or  in 
which  to  hold  any  school  or  township  entertainments,  or  for  other 
township,  purposes,  may,  and  he  is  hereby  authorized  and  em- 
powered to  maintain  such  room  or  building,  for  the  purpose  afore- 
said, and  to  make  a  levy  of  taxes,  on  the  taxable  property  of  such 


87 

township,  sufficient  to  raise  the  necessary  funds  with  which  to 
maintain  such  room  or  building,  and  to  conduct  therein  the 
courses  of  instruction  mentioned  herein.  (R.  S.  1914,  §6623  j.) 

Rats — Extermination — Teaching  Hygiene  in  Schools. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  it  shall  be  unlawful  for  any  person,  firm,  co-partner- 
ship, company  or  corporation  owning,  leasing,  occupying,  pos- 
sessing or  having  charge  of  any  land,  place,  building,  structure, 
stacks  or  quantities  of  wood,  hay,  corn,  wheat,  or  other  grains  or 
materials,  or  any  vessel  or  water  craft,  to  permit  the  same  to  be- 
come rat  infested,  and  it  shall  be  the  duty  of  any  such  person,  firm 
co-partnership,  company,  or  corporation,  upon  any  knowledge  or 
notice,  to  at  once  proceed  and  to  continue  in  good  faith  to  en- 
deavor to  exterminate  and  destroy  such  rats  by  poisoning,  trap- 
ping and  other  appropriate  means,  such  as  may  be  suggested  by 
the  state  board  of  health  or  the  local  health  officers.  And  it  shall 
be  the  duty  of  the  trustees  of  the  several  townships  and  the  boards 
of  school  trustees  of  the  several  cities  and  towns  in  the  state,  to 
make  provisions  in  the  public  schools  under  their  jurisdiction  for 
the  illustrative  teaching  of  the  anatomy,  physiology  and  hygiene 
of  the  human  system;  the  effects  of  alcohol  and  nicotine;  the  cause 
and  course  of  consumption;  the  dissemination  of  diseases  by  rats, 
flies  and  mosquitoes  and  the  effects  thereof,  and  the  prevention  of 
diseases  by  the  proper  selection  and  consumption  of  food.  (R. 
S.  1914,  §7648  j.) 


State  Board  of  Health — Inspectors — Duties. 

SEC.  2.  The  state  board  of  health  and  inspectors  appointed 
by  such  board  and  local  health  officers  and  inspectors  appointed 
for  the  purpose,  as  hereinafter  provided,  shall  have  authority  and 
shall  be  permitted  to  enter  into  and  upon  all  lands,  places,  build- 
ings, structures,  vessel  or  water  craft  for  the  purpose  of  ascertain- 
ing whether  the  same  are  infested  with  rats  and  whether  the 
requirements  of  this  act  as  to  extermination  and  destruction 
thereof  are  being  complied  with:  Provided,  That  no  building 
occupied  as  a  dwelling,  hotel  or  rooming  house  shall  be  entered 
for  such  purpose  except  between  the  hours  of  9  o'clock  in  the  fore- 
noon and  5  o'clock  in  the  afternoon  of  any  day.  (R.  S.  1914, 
§7648  k.) 


88 

Appropriation — County  Commissioners. 

SEC.  3.  The  board  of  county  commissioners,  with  the  consent 
of  the  county  council,  of  each  county,  and  the  town  board  of  any 
town  or  the  common  council  of  any  city,  whenever  it  may  by 
resolution  determine  that  it  is  necessary  for  the  preservation  of  the 
public  health  or  to  prevent  the  spread  of  contagious  or  infectious 
disease,  communicable  to  mankind,  or  when  such  board  shall  so 
determine  that  it  is  necesary  to  prevent  great  damage  to  crops, 
grain,  food  or  other  property,  may  appropriate  moneys  for  the 
purchase  of,  and  may  purchase,  poison,  traps  and  other  materials 
for  the  purpose  of  eliminating  and  destroying  rats  in  such  coun- 
ty, town  or  city,  and  may  employ  and  pay  inspectors,  who  shall 
have  authority  to  and  shall  prosecute  such  work  of  extermination 
and  destruction  under  the  direction  of  such  board  or  the  local 
health  officer,  or  board  of  health,  on  both  private  and  public 
property,  in  such  county,  town  or  city,  and  such  inspectors  shall 
have  authority,  when  necessary,  to  carry  out  the  provisions  of  this 
act,  to  dig  into  the  grounds,  to  remove  parts  of  floors,  walls  or 
other  parts  of  buildings  or  structures,  or  to  remove,  from  one  place 
to  another  on  the  premises,  any  other  property  when  reasonably 
necessary  to  do  so:  Provided,  That  such  inspector  or  inspectors, 
after  taking  the  necessary  steps  for  the  discovery  and  destruction 
of  rats  on  any  premises,  shall  restore  the  said  premises,  as  far  as 
may  be  reasonably  practicable,  to  the  condition  in  which  the 
same  were  found.  (R.  S.  1914,  (7648  1.) 

Expense  of  Extermination — Lien. 

SEC.  4.  Whenever  any  person,  firm,  co-partnership,  company, 
or  corporation  owning,  leasing,  occupying,  possessing  or  having 
charge  of  any  land,  place,  building,  structure,  stacks  or  quanti- 
ties of  wood,  hay,  corn,  wheat  or  other  grains  or  materials,  or  any 
vessel  or  water  craft,  which  is  infested  with  rats,  shall  fail,  neglect 
or  refuse  to  proceed  and  continue  to  endeavor  to  exterminate  and 
destroy  such  rats,  as  herein  required,  it  shall  be  the  duty  of  the 
state  board  of  health,  or  its  inspectors,  and  the  local  health  officer, 
or  the  local  board  of  health,  or  its  inspectors  at  once  to  cause  such 
nuisance  to  be  abated  by  exterminating  and  destroying  such  rats. 

The  expense  thereof  shall  be  a  charge  against  the  county, 
town  or  city  which  has,  by  its  board  or  council  ordered  such  de- 
struction or  extermination  of  rats,  and  such  board  or  council  shall 
allow  and  pay  the  same. 


89 

When  such  destruction  of  rats  is  ordered  by  the  town  board 
or  city  council,  the  clerk  of  such  town  or  city  shall  at  once  file 
with  the  county  auditor  a  certified  statement  of  the  expense  of 
such  extermination  and  in  any  such  case  the  county  auditor  shall 
charge  the  amount  so  expended  for  destroying  rats,  as  aforeasid, 
against  the  property  on  which  said  nuisance  shall  have  been  abated 
and  the  same  shall  be  collected  as  other  taxes  are  now  collected, 
and  when  so  collected  shall  be  paid  to  said  county,  town  or  city  to 
reimburse  it  for  the  amount  so  paid  out  for  the  destruction  of  rats, 
as  aforesaid.  (R.  S.  1914,  §7648  m.) 

"Rat  Day"— Proclamation. 

SEC.  5.  The  governor  may  annually,  in  the  spring,  designate 
by  official  proclamation,  a  day  to  be  designated  as  "rat  day,'.' 
to  be  observed  throughout  the  state  as  a  day  for  exterminating 
and  destroying  rats  about  the  homes  and  premises  and  public 
buildings  and  all  other  places,  thus  preventing  the  dissemina- 
tion of  disease  and  the  destruction  of  property.  (R.  S.  1914, 
§7648  n.) 

Rights  of  Officers. 

SEC.  6.  Any  health  officer  or  any  inspector  appointed  under 
the  provisions  of  this  act  shall  have  the  right,  without  a  warrant 
to  enter  upon  or  into  any  land,  place,  building,  structure  or  prem- 
ises suspected  of  being  rat  infested  for  the  discovery  or  destruc- 
tion of  rats,  and  any  person  or  number  of  persons  who  shall  ob- 
struct him  in  the  performance  of  his  duties  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  fined  in  any  sum  not 
less  than  two  (2)  dollars  nor  more  than  ten  (10)  dollars.  (R.  S. 
1914,  §7649  o.) 

Penalty. 

SEC.  7.  Any  person,  firm,  co-partnership,  company,  corpora- 
tion, or  school  official,  violating  any  of  the  provisions  contained 
in  section  one  of  this  act  shall  be  guilty  of  a  misdemeanor  and  up- 
on conviction  shall  be  fined  in  any  sum  not  less  than  ten  (10) 
dollars  nor  more  than  one  hundred  (100)  dollars.  (R.  S.  1914, 
§7649  p.) 


90 

State  Fire  Marshal — Schools — Teachers — Compulsory  Fire 
Drill. 

SEC.  14.  It  shall  be  the  duty  of  the  state  fire  marshal,  his  dep- 
uties and  assistants  to  require  teachers  of  public  and  private 
schools  and  educational  institutions  to  have  one  fire  drill  each 
month  and  to  keep  all  doors  and  exits  unlocked  during  school 
hours.  (R.  S.  1914,  §7441  n.) 

Penalty. 

SEC.  15.  Any  officer  referred  to  in  this  act  who  neglects  to 
comply  with  any  of  the  requirements  hereof  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars, 
for  each  neglect  or  violation  and  in  default  of  the  payment  thereof 
shall  be  imprisoned  not  to  exceed  thirty  days.  (R.  S.  1914,  §7441  o.) 

Fines  Paid  to  State  Treasurer. 

SEC.  16.  All  penalties,  fees  or  forfeitures  collected  under 
the  provisions  of  this  act  shall  be  paid  into  the  treasury  of  the 
state  for  the  benefit  of  the  state  fire  marshal  fund.  (R.  S.  1914, 
§7441  p.) 

[p.  555,  Acts  1915.] 
Schools — Township  and  City  Institutes — Attendance. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amend- 
ed to  read  as  follows:  Section  1.  That  section  nine  (9)  of  the 
above  entitled  act  be  amended  to  read  as  follows:  Section  9. 
At  least  one  Saturday  in  each  month  during  which  the  public 
schools  may  be  in  progress  shall  be  devoted  to  township  and  city 
institutes,  or  model  schools  for  the  improvement  of  teachers;  and 
two  Saturdays  may  be  appropriated,  at  the  discretion  of  the  town- 
ship trustee  of  any  township  or  the  board  of  school  trustees  or  board 
of  school  commissioners  of  any  city.  Such  institute  shall  be  pre- 
sided over  by  a  teacher,  or  other  person,  designated  by  the  trustee 
of  the  township,  or  by  the  city  superintendent  or  other  person 
designated  by  him.  The  township  trustee,  board  of  school  trus- 
tees, or  board  of  school  commissioners,  shall  specify,  in  a  written 
contract  with  each  teacher,  that  such  teacher  shall  attend  the 
full  session  of  each  institute  contemplated  herein,  or  forfeit  one 


01 

day's  wages  for  every  day's  absence  therefrom,  and  for  each  day's 
attendance  at  such  institute  each  teacher  shall  receive  the  same 
wages  as  for  one  day's  teaching:  Provided,  That  no  teacher  shall 
receive  such  wages  unless  he  or  she  shall  attend  the  full  session 
of  such  institute  and  perform  the  duty  or  duties  assigned:  and, 
Provided,  The  provisions  of  this  act  shall  not  apply  to  school  teach- 
ers who  are  engaged  in  teaching  school  on  Saturdays. 

Repeal. 

SEC.  2.     All  laws  and  parts  of  laws  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Schools — Minimum  Wages  for  Teachers. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amend- 
ed to  read  as  follows:  Section!.  That  the  daily  wages  of  teach- 
ers for  teaching  in  the  public  schools  of  the  state  shall  not  be  less, 
in  the  case  of  beginning  teachers,  than  an  amount  determined  by 
multiplying  two  and  one-half  cents  by  the  general  average  given 
such  teacher  on  his  highest  grade  of  license  at  the  time  of  con- 
tracting. For  teachers  having  had  a  successful  experience  for  one 
school  year  of  not  less  than  six  months,  the  daily  wages  shall  be 
not  less  than  an  amount  determined  by  multiplying  three  cents 
by  the  general  average  given  such  teacher  on  his  highest  grade  of 
license  at  the  time  of  contracting.  For  teachers  having  had  a 
successful  experience  for  three  or  more  school  years  of  not  less  than 
six  months  each,  the  daily  wages  shall  be  not  less  than  an  amount 
determined  by  multiplying  three  and  one-half  cents  by  the  gen- 
eral average  given  such  teacher  on  his  highest  grade  of  license  at 
the  time  of  contracting.  For  teachers  having  had  a  successful  ex- 
perience of  five  or  more  school  years  of  not  less  than  six  months 
each,  the  daily  wages  shall  be  not  less  than  an  amount  determined 
by  multiplying  four  cents  by  the  general  average  given  such  teach- 
er on  his  highest  grade  of  license  at  the  time  of  contracting.  All 
teachers  now  exempt  from  examination  shall  be  paid,  as  daily 
wages  for  teaching  in  the  public  schools,  not  less  than  an  amount 
determined  by  multiplying  three  and  one-half  cents  by  the  gen- 
eral average  of  scholarship  and  success  given  such  teacher: 
Provided,  That  the  grade  of  scholarship  accounted  in  each  case  be 
that  given  at  the  teacher's  last  examination,  and  that  the  grade  of 
success  accounted  be  that  of  the  teacher's  term  last  preceding  the 
date  of  contracting:  and,  Provided,  further,  That  two  per  cent. 


92 

shall  be  added  to  the  teacher's  general  average  of  scholarship  and 
success  for  attending  the  county  institute  the  full  number  of  days, 
and  that  said  two  per  cent,  shall  be  added  to  the  average  scholar- 
ship of  beginning  teachers.  (R.  S.  1914,  §6599.) 

If  a  teacher  is  not  paid  the  full  amount  of  wages  that  is  due  under  the 
law  and  the  contract  with  the  teacher,  the  remainder  may  be  recovered  from 
the  school  corporation.  Rutherford  School  Tp.  v.  Craney,  99  N.  E.  Rep. 
485. 

Contracts  with  teachers  to  pay  more  than  the  minimum  wages  fixed  by 
statute  cannot  be  enforced  unless  an  appropriation  has  been  made  by  the 
township  advisory  board  to  pay  such  excess.  Mitchell  Free  Tp.  v.  Baker, 
101  N.  E.  Rep.  1037. 

Qualifications  of  Teachers. 

SEC.  2.  That  section  two  (2)  of  the  above  entitled  act  be 
amended  to  read  as  follows :  The  qualifications  required  for  teach- 
ing for  the  different  classes  shall  be  as  follows : 

(a)  A  teacher  without  experience:    Shall  be  a  graduate  of  a 
high  school  or  its  equivalent.    Shall  have  had  not  less  than  one 
term  of  twelve  weeks'  work  in  a  school  maintaining  a  professional 
course  for  the  training  of  teachers :    Provided,  That  completion  of 
one  year,  or  more,  in  a  recognized  college  shall  be  accepted  in  lieu 
of  twelve  weeks'  work  in  a  school  maintaining  a  professional  course 
for  the  training  of  teachers.     Shall  have  not  less  than  a  twelve 
months'  license. 

(b)  A  teacher  with  one  school  year's  experience:    Shall  be  a 
graduate  of  a  high  school  or  its  equivalent.     Shall  have  not  less 
than  two  terms  or  twenty-four  weeks'  work  in  a  school  maintain- 
ing a  professional  course  for  the  training  of  teachers  or  the  equiv- 
alent of  such  work:    Provided,  That  the  one  year  of  college  work 
optional  for  a  teacher  without  experience  shall  be  accepted  as  one 
of  the  required  two  terms  of  work,  in  this  class.    Shall  have  a  two 
years'  license.    Shall  have  a  success  grade. 

(c)  A  teacher  with  three  or  more  years'  successful  experience : 
Shall  be  a  graduate  of  a  high  school  or  its  equivalent.    Shall  be  a 
graduate  from  a  school  maintaining  a  professional  course  for  the 
training  of  teachers,  or  its  equivalent.     Shall  have  a  three  years' 
five  years',  eight  years',  or  a  life  license.     Shall  have  a  success 
grade. 

(d)  A  teacher  with  five  or  more  years'  successful  experience: 
Shall  be  a  graduate  of  a  high  school  or  its  equivalent.    Shall  be  a 
graduate  from  a  school  maintaining  a  professional  course  for  the 
training  of  teachers,  or  its  equivalent.     Shall  have  taught  as  a 


93 

class  (c)  teacher  two  or  more  years  previous  to  entering  this  class. 
Shall  have  a  three  years',  five  years',  eight  years',  or  life  license. 
Shall  have  a  success  grade:  Provided,  That  for  teachers  already 
in  the  service,  prior  to  August,  1908,  successful  experience  in 
teaching  shall  be  accepted  as  an  equivalent  for  high  school  and 
professional  training,  as  required  by  all  the  above  classifications. 
(R.  S.  1914,  §6600.) 

Payment  at  Less  Rate — Penalty. 

3.  If  any  school  officer  shall  pay  to  any  teacher  for  school 
services  at  a  rate  less  than  that  fixed  by  this  act,  he  shall  be  fined 
in  any  amount  not  exceeding  $100.00  and  shall  be  liable  in  a  civil 
action  for  wages  to  such  teacher  at  the  rate  provided  in  this  act, 
which  may  be  recovered  by  such  teacher,  together  with  an  at- 
torney's fee  of  $25.00  in  any  court  of  justice  of  competent  juris- 
diction. (R.  S.  1914,   §6601.) 

State  Board  of  Education — Duties. 

4.  It  shall  be  the  duty  of  the  state  board  of  education,  from 
time  to  time,  to  provide  regulations  which  shall  define  the  words 
"high  school"  and  "equivalent"  in  this  act,  it  being  the  intent 
hereof  that  only  such  schools  be  recognized  as  high  schools  as 
maintain  a  standard  of  scholarship  and  efficiency  and  course  of 
study  to  the  approval  of  the  state  board  of  education,  and  that 
the  word  "equivalent"  as  used  in  this  act  shall  mean  such  a 
course  of  study  or  training  or  the  ability  to  pass  such  an  examina- 
tion as  in  the  judgment  of  the  state  board  of  education  would  as 
fully  qualify  the  applicant  for  teaching  as  the  qualification  of  high 
school  or  normal  school  work  and  the  license  respectively  named 
above  requires.  (R.  S.  1914,  §6602.) 

Schools — Teachers'  Examination. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amend- 
ed to  read  as  follows:  Section  1.  That  teachers  in  manual  train- 
ing, domestic  science  and  art,  and  kindergarten  departments  of 
the  elementary  and  high  schools,  and  teachers  of  German,  music, 
drawing,  agriculture,  physical  culture  and  other  special  branches 
of  instruction  shall  be  examined  by  the  county  superintendents 
of  schools  at  the  times  of  regular  teachers'  examinations  upon  the 
branch  or  branches  they  are  employed  to  teach,  and  in  case  they 


94 

pass  such  examination  successfully,  and  have  met  all  the  qualifi- 
cations required  by  law,  or  the  equivalent  thereof  prescribed  by 
the  state  board  of  education,  they  shall  be  licensed  to  teach  such 
branch  or  branches  for  twelve  (12),  twenty-four  (24),  or  thirty-six 
(36)  months,  according  to  the  grades  obtained  upon  such  examin- 
ation. Such  license,  however,  shall  not  legally  qualify  its  holder 
for  the  teaching  of  any  branch  or  branches  not  covered  by  said 
examination,  and  such  teachers  at  the  time  of  examination  shall 
have  their  manuscripts  in  music,  drawing,  manual  training,  cook- 
ing, sewing,  agriculture,  kindergarten,  and  physical  training  sent 
to  the  state  department  of  public  instruction  for  grading  upon  the 
terms  and  conditions  prescribed  by  law  for  grading  of  manu- 
scripts by  the  superintendent  of  public  instruction.  (R.  S.  1914, 
§6388  a.) 

[p.  627,  Acts  1915.] 
Schools — Examination  for  Teacher's  License. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  county  superintendent  shall  hold  one  public 
examination  on  the  last  Saturday  of  January,  March,  April,  May, 
June,  July,  August,  and  October  of  each  year,  and  at  such  ex- 
aminations, shall  examine  by  a  series  of  questions  furnished  by  the 
state  board  of  education,  all  applicants  for  license  as  teachers  in 
the  common  schools  of  the  state  and  that  no  special  examinations 
shall  be  held.  No  examination  shall  extend  over  a  period  of  more 
than  two  days,  and  all  examinations  shall  be  conducted  in  the  im- 
mediate presence  of  the  county  superintendent  or  his  representa- 
tive, pursuant  to  such  institutions  (instructions)  and  directions  as 
the  state  board  of  education  may  provide.  Before  any  applicant 
may  be  examined  he  shall  produce  to  the  county  superintendent  a 
certificate  of  good  moral  character  from  a  school  trustee  of  the 
county  then  in  office,  or  other  satisfactory  written  evidence  of 
good  moral  character,  which  certificate  or  other  evidence  shall  be 
marked  "filed"  on  that  date  by  such  county  superintendent  and 
preserved  as  an  office  paper.  All  applicants  for  license  in  high  school 
subjects  and  special  branches,  as  hereinafter  provided  shall  have 
their  manuscripts  sent  to  the  state  superintendent  of  public  in- 
struction for  gradation.  All  applicants  for  license  in  elementary 
school  subjects,  as  hereinafter  provided  shall  have  the  right  to  elect 
whether  they  will  have  their  manuscripts  graded  by  the  county 
superintendent  for  county  license  or  graded  by  the  state  superin- 


95 

tendent  of  public  instruction  for  state  license.  Applicants  for 
county  license,  shall  if  successful,  receive  license  which  shall  be 
taken  as  qualifying  the  person  to  whom  granted,  so  long  as  in 
force,  to  teach  the  subject  or  subjects  indicated  by  the  license  in 
the  elementary  schools  of  the  county  wherein  it  is  issued,  and  ap- 
plicants for  state  license  shall,  if  successful,  receive  license  which 
shall  be  taken  as  qualifying  the  person  to  whom  granted  so  long 
as  in  force,  to  teach  the  subject  or  subjects  indicated  by  the  license 
anywhere  within  the  state :  Provided,  however,  A  state  license  must 
be  registered  with  the  county  superintendent  of  the  county  where- 
in it  is  to  be  used  and  endorsed  by  said  superintendent  as  regis- 
tered before  the  holder  may  legally  contract  to  teach  in  any  school 
corporation  in  the  county.  Applicants  who  send  their  manu- 
scripts to  the  state  superintendent  of  public  instruction  for  grada- 
tion, shall  before  the  examination  begins  pay  to  the  county  sup- 
erintendent a  fee  of  seventy-five  cents  (75c)  for  each  manuscript 
to  be  sent.  The  county  superintendent  shall  issue  his  receipt  for  all 
fees  paid  under  the  provisions  of  this  act,  and  shall  immediately 
send  such  fees,  together  with  the  manuscripts,  to  the  state  super- 
intendent of  public  instruction,  who  shall  issue  his  receipt  there- 
for to  the  county  superintendent.  The  state  superintendent  of 
public  instruction  shall  use  such  funds  in  the  employment  of  a 
sufficient  number  of  qualified  persons  to  grade  the  manuscripts 
and  perform  the  services  incident  to  the  operation  of  the  license 
system  instituted  by  this  act.  All  manuscripts  sent  to  the  state 
superintendent  of  public  instruction  shall  be  designated  by  num- 
ber, and  the  state  superintendent  of  public  instruction  shall  re- 
fuse to  receive  any  manuscript  bearing  the  name  of  the  appli- 
cant, or  any  other  means  of  identification  of  the  applicant. 
As  soon  as  the  manuscripts  are  graded  and  their  success  or 
failure  determined,  according  to  the  requirements  hereinafter 
provided,  the  state  superintendent  of  public  instruction  shall  re- 
port the  success  or  failure  of  the  manuscripts  by  number  to  the 
county  superintendent,  whereupon  the  county  superintendent, 
shall  immediately  forward  to  the  state  superintendent  of  public 
instruction  the  names  of  the  successful  applicants  in  his  county 
together  with  their  success  grades  and  any  other  data  required  by 
the  state  superintendent  of  public  instruction  for  the  purpose  of 
issuing  the  license. 

Examination  Studies. 

SEC.   2.     Applicants  for  license  to  teach  in  the  elementary 
schools  shall  be  examined  in  orthography,  reading,  writing,  arith- 


metic,  geography,  English  grammar,  physiology  and  scientific 
temperance,  United  States  history,  literature,  and  the  science  of 
education,  and  in  such  additional  branches  as  they  are  or  may 
hereafter  be  legally  required  to  teach.  The  examination  for  li- 
cense in  the  above  named  subjects  may  be  divided  according  to 
such  plan  as  may  be  devised  by  the  state  board  of  education,  so 
that  applicants  may  take  one  division  on  one  examination,  and  if 
successful  upon  the  first  division,  the  second  division  at  the  next 
examination,  Provided,  however,  That  any  applicant  for  such 
license  shall  have  the  right  to  take  both  divisions  at  the  same  ex- 
amination 

One  fee  shall  be  sufficient  for  both  divisions,  provided  the  ap- 
plicant does  not  fail  in  either  division.  Applicants  for  license  in 
high  school  subjects  shall  be  examined  in  as  many  subjects  as  they 
desire  to  take  from  the  list  of  subjects  offered  by  the  state  board  of 
education,  Provided,  however,  All  applicants  shall  be  examined  in 
the  science  of  education.  Applicants  for  supervisor's  and  special 
teacher's  license  in  agriculture,  industrial  arts,  domestic  science, 
kindergarten,  music,  drawing,  physical  culture,  or  other  special 
branches  required  to  be  taught  shall  be  examined  in  such  subjects 
as  they  elect  from  the  foregoing  list  or  such  additional  special 
branches  as  may  be  provided. 

State  Board  of  Education — Fixing  Averages. 

SEC.  3.  The  state  board  of  education  shall  determine  the 
grades  and  averages  required  for  issuing  licenses,  and  whenever  an 
applicant  shall  be  found  upon  examination  to  possess  knowledge 
sufficient  in  the  judgment  of  the  county  superintendent  or  state 
superintendent  to  entitle  him  to  a  license  in  the  subject  or  sub- 
jects in  which  he  is  examined,  he  shall  be  issued  a  county  license 
or  a  state  license  for  twelve  months,  twenty-four  months,  or 
thirty-six  months,  according  to  the  requirements  established; 
Provided,  That  licenses  issued  upon  the  October  examination  for 
less  than  twenty-four  months,  shall  expire  July  31  of  the  year 
following  the  examination;  and  Provided,  further,  That  any  ap- 
plicant for  license  in  elementary  subjects  who  fails  in  only  two 
subjects  shall  be  conditioned  and  allowed  to  write  upon  such  sub- 
jects at  the  next  regular  examination  during  the  current  year. 
The  general  average  of  the  branches  shall  indicate  the  appli- 
cant's academic  standing,  which  shall  be  the  basis  of  issuing  a  li- 
cense to  a  teacher  without  experience.  The  general  average  of 
the  branches  and  the  per  cent,  placed  upon  the  applicant's  school 


97 

room  success  shall  count  one-half  in  determining  the  average  of  a 
teacher  who  is  entitled  to  a  success  grade;  Provided,  however, 
That  the  success  grade  last  issued  shall  be  taken  as  the  legal  suc- 
cess grade. 

Temporary  Teaching  Permits. 

SEC.  4.  County  superintendents  are  hereby  authorized  to  is- 
sue at  their  discretion  temporary  county  permits  to  teach,  dated  to 
expire  on  the  date  of  the  next  succeeding  general  examination, 
Provided,  That  such  permit  shall  not  be  issued  unless  the  appli- 
cant has  met  the  minimum  professional  training  requirements 
fixed  by  law,  as  shown  by  the  proper  certificate;  Provided,  further, 
That  such  permit  shall  not  be  issued  to  any  one  who  has  failed  on 
any  regular  examination  during  the  examination  year  preceding 
the  date  of  application;  and  Provided,  further,  That  such  permits 
may  be  issued  only  upon  request  of  school  boards  or  township  trus- 
tee to  teachers  employed  by  them.  County  permits  issued  upon 
the  above  named  conditions  shall  be  accepted  as  legal  qualifica- 
tions to  teach;  for  the  purpose  of  classifying  teachers,  a  county 
permit  shall  be  equivalent  to  a  twelve  months'  license  with  an 
average  of  85%. 

Professional  License — Eight  Year  Term. 

SEC.  5.  Any  person  now  possessing  a  thirty-six  months' 
license,  whose  next  consecutive  license  shall  be  for  a  term  of  thirty- 
six  months,  or  any  person  who  shall  hereafter  receive  two  licenses 
in  succession  each  for  thirty-six  months,  may  receive  upon  the  ex- 
piration of  such  several  licenses,  a  license  for  the  term  of  eight  years 
upon  examination  held  by  the  state  board  of  education.  Such  li- 
cense shall  be  issued  only  upon  the  approval  of  the  state  board  of 
education,  and  shall  be  styled  a  professional  license,  and  shall  en- 
title the  holder  to  teach  in  any  of  the  schools  of  this  state. 

Exemption  from  Examination. 

SEC.  6.  Any  person  who  has  previously  taught  for  six  (6) 
consecutive  years  in  the  common  schools  of  the  state,  or  who 
shall  hereafter  complete  for  six  (6)  consecutive  years  of  experi- 
ence in  such  schools,  and  who  shall  at  this  time  hold  a  thirty- 
six  months'  license  to  teach  in  the  elementary  or  high  schools  of 
the  state,  or  who  shall  hereafter  obtain  such  thirty-six  months' 
license  to  teach  therein,  so  long  as  he  shall  teach  the  branch  or 

7 — 4343 


98 

branches  upon  which  the  license  was  issued,  shall  be  forever  after- 
ward exempt  from  examination,  but  if  such  person  shall,  after  said 
exemption  occurs,  suffer  a  period  of  one  year  to  pass  without  hav- 
ing taught  one  full  school  year  in  the  common  schools  of  the  state 
within  said  period  or  served  in  said  schools,  except  in  case  of  physi- 
cal disability,  properly  certified  to  by  a  reputable  physician,  or 
except  in  case  of  attending  for  a  full  school  year  a  recognized  uni- 
versity, college  or  normal  school,  then  said  exemption  shall  cease. 
If  said  person  during  such  exemption,  shall  seek  employment  to 
teach  other  or  higher  branches  in  the  common  schools  of  the  state 
than  those  branches  which  were  included  in  the  examination  upon 
which  the  thirty-six  months'  license  was  issued,  then  he  shall  be 
examined  in  such  additional  branches.  The  exemption  shall  ap- 
ply to  all  thirty-six  months'  county  licenses  issued  prior  to 
September  1,  1915,  and  expiring  thereafter,  and  to  all  thirty-six 
months'  state  licesnes:  Provided,  That  an  exemption  acquired 
upon  a  license  issued  by  a  county  superintendent  shall  be  limited 
to  the  county  in  which  such  license  was  issued.  An  applicant  for  a 
state  exemption  shall  present  a  certified  statement  from  a  county 
superintendent  showing  where  and  when  such  teacher  has  taught, 
and  the  license  upon  which  the  request  for  exemption  is  based. 
If  the  exemption  is  granted,  the  superintendent  of  public  instruc- 
tion shall  attach  the  exemption  to  the  original  license. 

Previous  Exemptions  in  Force. 

SEC.  7.  All  exemptions  heretofore  acquired  shall  remain  in 
full  force  so  long  as  the  holders  thereof  shall  comply  with  the  terms 
of  section  6  of  this  act. 

Schedule  of  Items. 

SEC.  8.  The  state  superintendent  of  public  instruction  is 
hereby  required  to  provide  from  time  to  time  such  schedule  of 
items  as  should  in  his  judgment,  enter  into  the  record  and  grad- 
ing of  a  teacher's  success  by  the  city,  town,  and  county  superin- 
tendent of  schools. 

Grade  of  Success — Who  Determines. 

SEC.  9.  The  county  superintendent  shall  determine  the  grade 
of  success  of  teachers  employed  in  the  township  schools,  and  the 
superintendents  of  incorporated  school  cities  and  school  towns 
shall  determine  the  grade  of  success  of  teachers  employed  in  such 


99 

corporation.  For  the  purpose  of  determining  such  success  grades, 
city,  town,  and  county  superintendents  are  required  to  visit  each 
year  the  teachers  under  their  charge  and  supervision  and  make 
personal  inspection  of  the  work  of  such  teachers,  and  each  school 
superintendent  shall  issue  over  his  signature  and  deliver  to  each 
teacher  under  his  supervision,  not  later  than  July  1st,  each  year 
such  statement  of  the  success  of  each  as  is  contemplated  herein, 
and  shall  keep  on  file  in  a  permanent  record  book,  duplicate  of  all 
such  statements;  also,  city  and  town  superintendents  shall  file 
with  the  county  superintendent  duplicates  of  all  success  grades 
within  ten  days  after  their  date  of  issuance.  A  teacher's  suc- 
cess grade  so  issued  shall  be  his  legal  success  grade  for  one  year 
from  the  date  of  its  issuance. 

Unfair  Grading. 

SEC.  10.  The  state  superintendent  of  public  instruction  is 
hereby  authorized  to  investigate  and  revise  such  cases  of  unfair 
grading  in  the  items  of  a  teacher's  success  as  may  be  brought  to  his 
attention  in  a  written  appeal,  make  (made)  and  sworn  to  before 
any  person  authorized  to  administer  oaths,  not  later  than  thirty 
days  after  the  issuance  of  said  grade.  All  such  sworn  statements 
and  papers  relating  to  the  case  shall  be  filed  with  the  county  sup- 
erintendent of  schools,  and  shall  by  him  be  forwarded  to  the 
state  superintendent  of  public  instruction  within  ten  days  after 
the  filing  of  such  appeals. 

Records  of  County  Superintendents. 

SEC.  11.  The  county  superintendent  shall  keep  a  record  of 
minutes  of  his  proceedings,  and  shall  deliver  such  record,  and  all 
other  books,  papers,  and  property  appertaining  to  his  office  to  his 
successor.  He  shall  also  keep  a  record  of  all  applicants  for  li- 
cense and  the  kind  and  length  of  the  license  issued  to  each  success- 
ful applicant,  as  well  as  the  names  of  the  teachers  whose  li- 
censes he  revokes.  He  shall  report  to  the  state  superintendent  of 
public  instruction  the  names  of  those  whose  licenses  he  re- 
vokes and  the  date  of  such  revocation. 

Report  of  State  Superintendent. 

SEC.  12.  The  state  superintendent  of  public  instruction  shall 
keep  a  complete  record  of  all  fees  and  manuscripts  received  by  him, 
and  also,  a  record  of  all  licenses  issued  by  him,  showing  the  name 


100 

of  the  person  to  whom  issued  and  for  how  long,  and  the  grades  re- 
ceived by  the  applicant.  He  shall  make  an  annual  report  under 
oath  to  the  governor  giving  an  itemized  statement  of  the  receipts 
and  disbursements  of  moneys  contemplated  by  this  act,  stating 
for  what  paid  and  to  whom  paid,  and  he  shall  take  receipts  for  all 
expenditures,  which  receipts  shall  be  kept  on  file. 

Fees  on  Hand — State  Treasury. 

SEC.  13.  On  December  31st  of  each  year,  if  the  state  superin- 
tendent of  public  instruction  shall  have  on  hand  any  balance  after 
all  expenses  incurred  in  performing  the  services  contemplated  in 
this  act  have  been  paid,  as  hereinbefore  provided,  he  shall  pay 
said  balance  to  the  treasurer  of  state,  who  shall  credit  same  to  the 
state  common  school  tuition  fund. 

Act  Effective. 

SEC.  14.  The  provisions  of  this  act  shall  become  effective 
September  1,  1915,  but  nothing  in  this  act  shall  effect  the  validity 
of  any  license  granted  prior  to  the  above  date. 

Repeal. 

SEC.  15.  All  laws  or  parts  of  laws  in  conflict  herewith,  are 
hereby  repealed. 

[p.  128,  Acts  1915.] 
Teachers — Pension     Fund — Control — Assessment — Levy. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  three  (3)  of  the  above  entitled  act  be  and 
the  same  is  hereby  amended  to  read  as  follows:  Section  3.  Such 
board  of  trustees  shall  have  full  charge  and  control  of  the  teach- 
ers' pension  fund  of  such  city,  with  power  to  adopt  and  enforce 
all  needful  regulations  governing  the  same,  not  inconsistent  with 
this, act.  Said  fund  shall  be  derived  from  the  following  sources: 

First.  All  moneys  that  may  be  given  to  said  board  of  trustees 
or  to  said  fund  or  to  the  board  of  school  commissioners  of  such  city, 
for  the  use  of  said  board  of  trustees  of  teachers'  pension  fund,  by 
any  person  or  persons.  Such  board  of  trustees  may  take  by  gift, 
grant,  devise  or  bequest,  any  money,  choses  in  action,  personal 
property,  real  estate  or  any  interest  therein,  and  any  such  gift, 
grant,  devise  or  bequest  may  be  absolute  or  upon  condition  that 


101 

only  the  rent,  profits  and  income  arising  from  the  same  shall  be 
applied  to  the  uses  and  purposes  of  said  fund.  Such  board  of 
trustees  shall  be  authorized  to  take  such  gift,  grant,  devise  or  be- 
quest under  and  by  the  style  of  the  board  of  trustees  of  the 
teachers'  pension  fund,  of  such  city,  and  to  hold  the  same  or  as- 
sign, transfer  or  sell  the  same,  whenever  proper  and  necessary  un- 
der and  by  such  name. 

Second.  Every  teacher  shall  be  assessed  upon  his  or  her  salary 
as  follows:  One  per  centum  per  annum  (but  not  more  than  $10) 
upon  the  salary  of  every  teacher  who  shall  not  have  taught  in  ex- 
cess of  fifteen  (15)  years;  and  two  per  centum  per  annum  (but  not 
to  exceed  $20)  upon  the  salary  of  every  teacher  who  shall  have 
taught  longer  than  fifteen  (15)  years:  Provided,  however,  That  such 
assessment  shall  not  be  made  prior  to  the  first  day  of  September, 
1907.  And  the  assistant  treasurer  of  such  board  of  trustees  shall 
prepare  a  roll  of  each  of  said  assessments  and  place  opposite  the 
name  of  every  teacher  the  amount  of  assessment  against  him  or 
her,  and  shall  furnish  a  copy  of  such  roll  to  the  treasurer,  and 
the  treasurer  of  said  board  shall,  in  November  and  April  of  each 
school  year,  deduct  and  retain  out  of  the  salary  going  to  such 
teacher  the  amount  of  such  assessment,  and  shall  give  him  or  her 
credit  for  the  same  to  the  credit  of  said  teachers'  pension  fund. 
Every  teacher  of  such  city  receiving  a  salary  of  four  hundred  fifty 
dollars  ($450)  a  year  or  more  shall  pay  such  assessment,  and  in 
becoming  a  teacher  he  or  she  shall  be  conclusively  deemed  to  un- 
dertake and  agree  to  pay  the  same,  and  to  have  such  assess- 
ment deducted  from  his  or  her  salary  as  hereinbefore  provided. 

Third.  The  board  of  school  commissioners  of  such  city  shall 
levy  each  year,  in  addition  to  all  other  taxes  authorized  by  law,  a 
special  tax  of  one  and  one-fourth  cents  upon  each  one  hundred 
dollars  of  taxable  property  in  the  city,  which  sum  shall  be  col- 
lected as  other  taxes  are  collected  by  law,  and  which  shall  be 
credited  by  the  treasurer  of  such  city  to  the  said  teachers'  pension 
fund,  and  shall  not  be  used  or  devoted  to  any  other  than  the  pur- 
pose of  said  fund:  Provided,  however,  Said  board  of  school  com- 
missioners may  reduce  said  special  tax  to  one  cent  upon  each  one 
hundred  dollars  of  taxable  property  after  a  period  of  ten  (10) 
years  after  September  1,  1914,  if  in  its  opinion,  the  accumulated 
fund  derived  as  foresaid  is  sufficient  to  justify  such  action.  Noth- 
ing in  this  act  shall  be  deemed  to  take  from  said  board  of  school 
commissioners  the  powers  now  given  to  said  board  in  relation  to 
the  levy  of  taxes  under  existing  statutes. 


. 

• 

102 

Fixing  Pensions. 

SEC.  2.  That  section  six  (6)  of  the  above  entitled  act  be  and 
the  same  is  hereby  amended  to  read  as  follows:  Section  6. 
Said  teachers'  pension  fund  shall  be  used  and  devoted  in  the  man- 
ner and  to  the  purposes  following: 

First.  The  maximum  pension  to  be  paid  any  teacher  shall  be 
six  hundred  dollars  ($600.00)  per  annum,  which  amount  shall  be 
based  upon  a  service  of  forty  (40)  years  as  such  teacher  and  every 
pensioner  and  beneficiary  of  said  fund  shall  be  entitled  to  and 
shall  receive  such  percentage  of  said  sum  of  $600  as  the  number  of 
years  of  teaching  of  said  pensioner  and  beneficiary,  shall  bear  to 
the  term  of  forty  years,  subject,  however,  to  all  the  provisions  of 
this  act. 

Second.  Any  aged,  infirm,  diseased  or  disabled  teacher,  who 
is  now  or  hereafter  may  be  teaching  in  the  public  schools  of  such 
city,  having  served  as  such  teacher  for  not  less  than  fifteen  years, 
shall  be  entitled  to  receive  a  disability  pension:  Provided,  Such 
board  of  trustees  shall  find  that  he  or  she  is  entitled  to  the  same 
by  reason  of  such  age,  disease,  infirmity  or  diability,  and  after 
such  applicant  for  a  pension  shall  have  been  examined  by  a  physi- 
cianFselected  for  such  purpose  by  said  board  of  trustees,  the  exam- 
ination fee  or  charge  of  such  physician  shall  be  paid  by  the  appli- 
cant :  and  Provided,  further,  That  no  such  pension  shall  be  paid  un- 
til any  sick  pay  allowed  or  provided  for  by  the  board  of  school 
commissioners  of  such  city  shall  have  ceased. 

Third.  Any  teacher  who  is  now  or  hereafter  may  be  teaching 
in  the  public  schools  of  such  city,  and  shall  have  taught  for  not  less 
than  twenty-five  (25)  years,  may  be  pensioned  upon  application  to 
said  board  of  trustees,  or  may  be  pensioned  by  such  board  with- 
out such  application  and  shall  thereafter  receive  a  pension  during 
the  remainder  of  his  or  her  life,  subject,  however,  to  all  the  con- 
ditions contained  in  this  act:  Provided,  That  such  pensioner  shall 
have  paid  into  said  fund,  by  way  of  assessment  or  otherwise,  not 
less  than  one-third  (J)  of  the  amount  to  which  he  or  she  shall  be 
entitled  per  annum  as  a  pension.  And  in  order  to  make  up  such 
one-third,  the  board  of  trustees  may  order  the  treasurer  to  de- 
duct one-half  thereof  from  each  of  the  first  two  years  of  such 
pension:  Provided,  further,  Any  teacher  who  has  taught  not  less 
than  twenty-five  (25)  years  as  aforesaid  but  who  shall  have  re- 
tired prior  to  the  taking  effect  of  this  act,  to  wit,  on  the  ninth  day 
of  March,  1907,  shall  be  entitled  to  the  benefits  of  said  pension 


103 

fund  in  the  same  amount  and  upon  the  same  conditions  as  if  they 
were  still  teaching  at  the  time  said  act  took  effect  on  March  9, 
1907:  Provided,  however,  further,  That  inasmuch  as  such  teach- 
ers never  contributed  by  way  of  assessment  to  said  fund,  never 
having  had  an  opportunity  to  do  so,  that  the  amount  of  their  pen- 
sion benefits  shall  be  paid  exclusively  out  of  the  moneys  contrib- 
uted by  such  city  from  the  taxes,  and  no  part  of  said  fund  con- 
tributed by  the  assessment  of  teachers  shall  be  used  for  paying  pen- 
sions to  such  teachers;  nothing  herein  contained  shall  be  con- 
strued as  entitling  teachers  who  retired  prior  to  March  9th, 
1907,  to  the  disability  pension,  as  provided  in  clause  two  of  this 
section;  nor  shall  anything  herein  be  construed  as  entitling  said 
teachers  who  retired  prior  to  March  9,  1907,  aforesaid,  to  a  pen- 
sion prior  to  the  passage  of  this  amendment.  Provided,  further, 
That  no  pension  of  any  kind  provided  herein  for  teachers  who  re- 
tired prior  to  March  9,  1907,  shall  accrue,  or  be  payable  or  paid 
prior  to  June  1,  1916,  when  the  additional  levy  becomes  avail- 
able. 


Teacher's    Pension    Fund — Terre    Haute — Board    of   Com- 
missioners. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  every  city  in  the  State  of  Indiana,  having  a 
population  of  not  less  than  55,000  nor  more  than  60,000  accord- 
ing to  the  last  preceding  United  States  census,  there  shall  be,  and 
is  hereby  created  a  teachers'  retirement  fund,  which  shall  be  gov- 
erned and  managed  by  a  board  of  commissioners,  to  be  composed  of 
of  five  members,  as  follows: 

The  president  of  the  board  of  school  trustees  of  such  city,  the 
superintendent  of  public  schools,  one  principal  and  two  teachers 
regularly  employed  in  the  public  schoools  of  such  city.  Said 
principal  and  teachers  shall  be  selected  at  a  meeting  of  the  public 
school  teachers  of  such  city  on  the  fourth  Saturday  of  March, 
1913,  in  such  manner  and  at  such  place  or  places  as  shall  be  de- 
termined and  designated  by  the  board  of  school  trustees  of  such 
city;  and  thereafter  there  shall  be  selected  on  the  fourth  Satur- 
day of  March  of  each  year  one  principal  and  two  teachers  as  mem- 
bers of  such  board  of  commissioners.  The  commissioners  shall 
hold  their  office  until  their  successors  shall  be  selected  or  elected 
as  above  set  forth.  In  the  event  of  a  vacancy  upon  said  board  oc- 
casioned by  the  death,  resignation  or  disability  of  either  of  said 


104 

principal  or  teachers,  then  the  public  school  teachers  of  said  city 
shall,  within  a  reasonable  time,  upon  the  call  of  the  president  of 
said  board  of  commissioners,  hold  a  special  meeting  and  elect  a 
successor  or  successors.  A  majority  of  said  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business  pertaining  to 
said  retirement  fund.  Said  commissioners  shall  receive  no  pay  for 
their  services  as  such,  except  the  secretary  and  assistant  treasurer, 
each  of  whom  may  be  paid  such  sums  for  services  as  may  be  fixed 
by  the  board  of  commissioners:  Provided,  however,  That  if  any 
one  shall  act  as  such  secretary  or  assistant  treasurer  who  shall  re- 
ceive any  of  the  benefits  of  said  retirement  fund,  as  hereinafter 
provided,  the  amount  of  the  salary  so  received  by  such  secretary 
or  assistant  treasurer  shall  be  deducted  from  the  amount  to  which 
he  or  she  would  otherwise  be  entitled  as  a  beneficiary.  (R.  S.  1914, 
§6555  r.) 

Duties  of  Board  and  Officers. 

SEC.  2.  Said  board  of  commissioners  shall  elect  from  among  its 
number  a  president,  vice-president  and  secretary.  The  president 
shall  preside  at  the  meetings  of  the  board  and  perform  all  other 
duties  usual  to  such  office.  The  vice-president  shall  perform  the 
duties  of  the  president  in  his  absence.  It  shall  be  the  duty  of  the 
secretary  to  keep  a  true  and  accurate  account  of  the  proceedings 
of  said  board  of  commissioners,  and  of  the  teachers  of  such  city 
when  acting  upon  matters  with  relation  to  said  fund,  and  to  turn 
over  to  his  or  her  successor  all  books  and  papers  pertaining  to  such 
office.  The  secretary  of  the  superintendent  of  schools  of  such  city 
shall  act  as  assistant  treasurer,  and  it  shall  be  his  or  her  duty  to 
keep  a  true  and  correct  statement  of  the  account  of  each  member 
with  said  retirement  fund,  to  collect  and  turn  over  to  the  treas- 
urer of  said  board  all  moneys  belonging  to  said  fund,  and  to  ren- 
der to  the  board  a  monthly  account  of  his  or  her  doings.  He  or  she 
shall  furnish  bond  in  such  amount  as  shall  be  determined  and  re- 
quired by  said  board  of  commissioners  and  the  board  of  com- 
missioners shall  allow  him  or  her  such  compensation  for  his  or  her 
services  as  it  may  deem  proper.  The  treasurer  of  such  city  shall 
be  ex-officio  the  treasurer  of  said  board  of  commissioners,  and  he 
shall  receive  and  hold  all  moneys  belonging  to  such  treasurer's 
retirement  fund;  he  shall  have  the  custody  of  all  notes,  bonds  and 
other  securities  belonging  to  said  fund,  and  shall  collect  the  prin- 
cipal and  interest  of  the  same  and  shall  be  liable  on  his  bond  as 
such  city  treasurer  for  the  performance  of  all  the  duties  imposed 


105 

upon  him  by  this  act  and  for  the  faithful  accounting  of  all  moneys 
and  securities,  including  both  principal  and  interest  which  may 
come  into  his  hands  and  which  shall  belong  to  such  retirement 
fund.  And  he  shall  keep  a  separate  account  which  shall  show  at  all 
times  the  true  condition  of  such  funds.  Said  treasurer  shall,  up- 
on the  expiration  of  his  term  of  office,  account  to  said  board  of 
commissioners  for  all  moneys,  notes,  bonds,  and  other  securities 
coming  into  his  hands,  and  for  the  interest,  income,  profits,  rentals 
and  proceeds  of  and  from  the  same,  and  he  shall  turn  over  to  his 
successor  all  moneys,  notes,  bonds  and  other  securities  belonging 
to  said  fund.  The  secretary,  treasurer  and  assistant  treasurer 
shall  make  a  full,  true  and  accurate  report  of  their  offices  and 
trusts  at  each  annual  meeting  of  such  teachers  in  March  of  each 
year.  Their  books  shall  at  all  times  be  open  to  inspection  or  ex- 
amination. (R.  S.  1914,  §6555  s.) 

Pension  Fund — How  Controlled. 

SEC  3.  Such  board  of  commissioners  shall  have  full  charge 
and  control  of  the  teachers'  retirement  fund  of  such  city  with 
power  to  adopt  and  enforce  all  needful  regulations  governing  the 
same,  not  inconsistent  with  this  act.  Such  fund  shall  be  derived 
from  the  following  sources: 

First.  All  money  that  may  be  given  to  said  board  of  com- 
missioners or  to  said  fund  or  to  the  board  of  school  trustees  of 
such  city,  for  the  use  of  said  board  of  commissioners  of  teachers7 
retirement  fund,  by  any  person  or  persons.  Such  board  of  com- 
missioners may  take  by  gift,  grant,  devise  or  bequest,  any  money 
choses-in-action,  personal  property,  real  estate,  or  any  interest 
therein,  and  any  such  gift,  grant,  devise  or  bequest,  may  be  ab- 
solute, or  upon  the  condition  that  only  the  rent,  profits  and  in- 
come arising  from  the  same  shall  be  applied  to  the  uses  and  pur- 
poses of  said  fund.  Such  board  of  commissioners  shall  be  author- 
ized to  take  such  gift,  grant,  devise  or  bequest,  under  and  by  the 
style  of  the  board  of  commissioners  of  the  teachers'  retirement 
fund,  of  such  city,  and  to  hold  the  same,  or  assign,  transfer 
or  sell  the  same,  whenever  proper  and  necessary,  under  and  by 
such  name. 

Second.  Every  teacher  electing  to  accept  the  provisions  of 
this  act  shall  be  assessed  upon  his  or  her  salary  as  follows:  For 
the  first  twelve  years  of  teaching  service,  $10.00  per  year;  for  the 
next  eight  years  of  teaching  service,  $20.00  per  year;  for  each  sub- 
sequent year  of  teaching  service,  not  exceeding  thirty  years  in  all, 


106 

$25.00  per  year.  Members  who  have  paid  the  fees  for  thirty 
years  of  teaching  service,  shall  not  be  required  to  pay  any  addi- 
tional fees  however  long  thereafter  they  may  remain  in  the  em- 
ploy of  the  board  of  school  trustees.  These  rates  shall  be  paid  in 
equal  payments  corresponding  with  the  second,  fourth,  sixth  and 
eighth  months  of  the  year  for  which  teachers'  salaries  are  paid. 
Teachers  accepting  the  provisions  of  this  act  shall  be  required  to 
pay  arrearages  at  the  above  rate  with  interest  at  4%  per  annum 
for  such  time  of  service  as  they  are  authorized  to  have  recognized 
under  the  provisions  of  this  act:  Provided,  That  any  teacher 
entitled,  under  the  provisions  of  this  act,  to  a  credit  for  one  or 
more  years  of  teaching  service  at  the  time  when  he  or  she  elects  to 
accept  the  provisions  of  this  act,  may  waive  his  or  her  right  to 
such  credit  and  pay  only  current  rates  from  the  time  when  the 
membership  begins,  and  receive  no  credit  for  previous  service. 
Such  arrearages  may  be  paid  in  cash  during  the  first  year  or  may 
be  paid  in  five  equal  installments  with  interest  at  the  rate  of 
5%  per  annum,  payable  annually,  upon  the  deferred  installments; 
and  in  case  the  latter  option  is  taken,  interest  upon  the  deferred 
installments  shall  commence  at  the  end  of  the  first  year  after 
electing  to  accept  the  provisions  of  this  act:  Provided,  further, 
That  in  case  any  teacher  is  retired  before  he  or  she  has  paid  in  fees 
a  sum  equal  to  one-half  of  the  maximum  annuities  to  which  he  or 
she  would  be  entitled,  then  and  in  that  case  there  shall  be  de- 
ducted from  the  annuity  to  be  paid  to  such  retired  teacher  dur- 
ing the  first  year,  such  sum  as  will  make  the  total  amount  paid 
by  such  teacher  one-half  of  the  maximum  annuity  to  which  he  or 
she  is  entitled  and  the  remainder  of  fees  or  arrearages  due  or 
to  be  paid  by  such  retired  teacher  shall  be  payable  in  installments  as 
hereinbefore  set  forth. 

Third.  The  board  of  school  trustees  of  such  city  shall  levy  each 
year,  in  addition  to  all  other  taxes  authorized  by  law,  a  special  tax 
of  one-fourth  (|)  of  one  mill  upon  each  one  dollar  ($1.00)  of 
taxable  property  in  the  city,  which  sum  shall  be  collected  as  other 
taxes  are  collected  by  law,  and  which  shall  be  credited  by  the 
treasurer  of  such  city  to  the  said  teachers'  retirement  fund,  and 
shall  not  be  used  or  devoted  to  any  other  than  the  purposes  of 
said  fund.  And  nothing  in  this  act  shall  be  deemed  to  take  from 
said  board  of  school  trustees  the  powers  now  given  to  said  board  in 
relation  to  the  levy  of  taxes  under  existing  statutes.  (R.  S.  1914, 
§6555  t.) 


107 

Funds — How  Invested. 

SEC.  4.  The  board  of  commissioners  of  such  teachers'  re- 
tirement fund  shall  determine  what  part  of  said  fund  may  be  safe- 
ly invested,  and  how  much  shall  be  retained  for  the  immediate 
needs,  demands  and  exigencies  of  said  fund.  Such  investment 
shall  be  made:  (1)  In  interest-bearing  bonds  of  the  United  States, 
or  of  the  State  of  Indiana,  or  in  any  bond  lawfully  issued  by  any 
state  or  county,  township,  city  or  other  municipal  corporation, 
either  within  or  without  the  State  of  Indiana;  (2)  loans,  secured 
by  mortgage  upon  real  estate  within  the  county  wherein  such  city 
is  located,  which  loans  shall  not  be  in  excess  of  fifty  per  centum 
of  the  appraised  value  of  such  real  estate.  All  bonds,  mort- 
gages and  otrher  securities  shall  be  deposited  with  and  remain  in 
the  custody  of  the  treasurer  of  said  board,  who  shall  collect  all 
interest  due  thereon  and  all  the  income  therefrom,  as  the  same 
shall  become  due  and  payable.  (R.  S.  1914,  §6555  u.) 

Sinking  Fund. 

SEC.  5.  The  board  of  commissioners  of  such  teachers'  re- 
tirement fund  shall  establish  a  sinking  fund,  to  the  credit  of  which 
shall  be  put  and  deposited  all  gifts,  grants,  devises  and  bequests, 
and  the  unexpended  balance  remaining  at  the  expiration  of  each 
fiscal  year,  and  such  sinking  fund  shall  be  and  remain  a  per- 
manent fund,  and  no  part  thereof  shall  be  expended  except  the  in- 
terest and  income  thereof  and  therefrom:  Provided,  That  one- 
half  of  the  amount  added  to  such  sinking  fund  any  year  may  be 
used,  if  necessary,  during  the  year  immediately  following.  (R.  S. 
1914,  §6555  v.) 

Pensions — How  Classified. 

SEC.  6.  Said  teachers'  retirement  fund  shall  be  used  and  de- 
voted in  the  manner  and  for  the  purposes  as  follows:  Any  per- 
son electing  the  provisions  of  this  act  who  shall  have  rendered 
twenty  years  or  more  of  teaching  service  in  the  public  schools, 
twelve  of  which  may  have  been  in  public  schools  outside  of  said 
city  of  not  less  than  55,000  nor  more  than  60,000  inhabitants, 
according  to  the  last  preceding  United  States  census,  who  ceases 
to  be  in  the  employ  of  the  board  of  school  trustees  from  any  cause, 
shall  be  entitled  to  an  annuity  in  accordance  with  the  follow- 
ing schedule : 


108 

For  20  years  of  service ~ $300  00 

For  21  years  of  service 325  00 

For  22  years  of  service, 350  00 

For  23  years  of  service 375  00 

For  24  years  of  service 400  00 

For  25  years  of  service 430  00 

For  26  years  of  service 460  00 

For  27  years  of  service 490  00 

For  28  years  of  service : 525  00 

r  29  years  of  service 560  00 

F.,;  30  or  more  years  of  service 600  00 

Provided  That  no  teacher  in  the  service  of  said  board  of  school 
trustees  at  the  time  of  the  passage  of  this  act  may  be  credited 
with  more  than  twenty-five  (25)  years  of  service.  Such  annuities 
shall  be  paid  in  four  equal  payments  as  follows:  On  January 
first,  April  first,  July  first  and  October  first,  of  each  year.  In 
the  event  that  any  teachor  electing  the  provisions  of  this  act 
for  any  reason  leaves  the  services  of  the  board  of  school  trustees 
before  said  teacher  has  been  credited  with  twenty  (20)  years  of 
service,  such  teacher  shall  be  entitled  to  withdraw  from  the  treas- 
ury of  said  teachers'  retirement  fund,  such  sum  as  will  equal  all 
payments  made  by  such  teacher  into  the  treasury  of  this  fund 
as  fees,  without  interest:  Provided,  further,  That  in  the  event 
that  such  teacher  subsequently  returns  to  the  employ  of  the 
board  of  school  trustees,  such  teacher  shall  be  required  to  refund 
to  said  fund  the  amount  so  withdrawn,  with  interest  thereon  at 
the  rate  of  5  per  cent,  per  annum,  such  sum  to  be  so  refunded  with- 
in one  (1)  year  from  the  date  of  his  or  her  return  to  service  in  the 
schools  of  said  city  of  not  less  than  55,000  nor  more  than  60,000 
inhabitants.  In  the  event  of  the  death  of  any  teacher-  electing 
the  provisions  of  this  act,  before  such  teacher  has  been  retired 
upon  an  annuity,  then  and  in  that  case  the  heirs  or  legatees  of 
such  deceased  teacher  shall  be  entitled  to  a  sum  out  of  said  fund 
equal  to  the  sum  paid  into  said  fund  by  such  deceased  teacher, 
without  interest:  Provided,  further,  That  no  teacher  retiring 
before  being  credited  with  thirty  (30)  years  of  service  may  be  en- 
titled to  an  annuity  unless  such  teacher  be  granted  such  annuity 
by  the  board  of  commissioners  of  said  retirement  fund  at  the 
time  of  such  retirement.  (R.  S.  1914,  §6555  w.) 


109 

Time  of  Service — How  Computed. 

SEC.  7.  In  computing  years  of  service,  as  provided  in  this  act, 
the  board  of  commissioners  may  include  service  as  a  public  school 
teacher  rendered  outside  of  such  city,  not,  however,  in  excess  of 
twelve  years,  as  a  portion  of  such  services  necessary  before  any 
teacher  shall  be  entitled  to  any  of  the  benefits  of  this  act:  Pro- 
vided, That  nothing  in  this  section  shall  affect  the  amount  or 
amounts  to  be  paid  into  such  retirement  fund  by  teachers  before 
being  entitled  to  an  annuity.  And  any  teacher  may  be  given  a 
leave  of  absence  for  study,  professional  improvement  or  tempor- 
ary disability,  not  exceeding  one  (1)  year  in  seven  (7),  and  shall  be 
regarded  as  a  teacher  and  entitled  to  the  benefits  of  this  act: 
Provided,  That  during  such  absence  he  or  she  continues  to  pay  in- 
to such  fund  the  amount  of  assessment  payable  by  such  teacher 
as  provided  in  the  schedule  in  section  6  of  this  act.  (R.  S.  1914, 
§6555  x.) 


Services  Before  Passage  of  Act. 

SEC.  8.  In  computing  time,  under  the  provisions  of  this  act, 
such  time  shall  include  services  rendered  before,  as  well  as  after, 
the  taking  effect  of  this  act.  And  the  full  term  or  year  of  school 
in  the  corporation  in  which  such  service  was  rendered  shall  con- 
stitute a  year  of  service  under  this  act.  (R.  S.  1914,  §6555  y.) 


By-Laws  for  Management. 

SEC.  9.  The  board  of  commissioners  shall  have  the  power 
and  authority  to  make  all  necessary  by-laws  providing  for 
the  election  of  such  commissioners  to  be  elected  as  in  this  act  pro- 
vided, the  counting  and  canvassing  of  the  votes  for  the  same,  their 
meetings,  for  the  collection  of  all  moneys  and  other  property  com- 
ing or  belonging  to  said  fund,  and  all  other  matters  connected 
with  the  care,  preservation  and  disbursements  of  the  same,  and 
the  proper  execution  of  the  purposes  and  provisions  of  this  act. 
And  any  annuity  authorized  by  the  board  under  this  act  shall  be 
subject  to  reduction  by  said  board  of  commissioners  whenever  in 
its  judgment  the  condition  of  the  retirement  fund  renders  such 
reduction  proper  or  necessary,  and  any  annuity  so  reduced  may 
thereafter  be  restored  or  increased,  as  such  board  may  deem  best. 
(R.  S.  1914,  §6555  z.) 


110 
Pensions  Exempt  from  Levy. 

SEC.  10.  All  annuities  granted  and  payable  out  of  said  teach- 
ers' retirement  fund  shall  be  and  are  exempt  from  seizure  or  levy 
upon  attachment,  execution,  supplemental  process  and  all  other 
process,  whether  mesne  or  final;  and  such  annuities  or  any  pay- 
ment of  the  same  shall  not  be  subject  to  sale,  assignment  or 
transfer  by  any  beneficiary  and  such  transfer  shall  be  absolutely 
void.  (R.  S.  1914,  §6555  a.  1.) 

Definition. 

SEC.  11.  The  term  "teacher"  as  used  in  this  act  shall  mean 
and  include  the  superintendent  of  schools,  the  secretary  to  the 
superintendent,  any.  principal,  assistant  principal,  assistant  super- 
intendent, supervisor,  assistant  supervisor,  person  in  charge  of 
any  special  department  of  instruction,  and  any  teacher  or  in- 
structor now  or  hereafter  regularly  employed  as  such  by  the  board 
of  school  trustees  of  such  city.  (R.  S.  1914,  §6555  b.  1.) 

Repeal. 

SEC.  12.  All  laws  and  parts  of  laws  in  conflict  with  any  of  the 
provisions  of  this  act  are  hereby  repealed. 

Teachers'  Pensions— Cities  20,000  to  100,000— Board. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  in  every  city  in  the  State  of  Indiana  having  a 
population  of  not  less  than  20,000  nor  more  than  100,000  accord- 
ing to  the  last  preceding  United  States  census,  there  may  be  created 
a  teachers'  retirement  fund,  which  shall  be  governed  and  managed 
by  a  board  of  commissioners,  to  be  composed  of  five  members, 
as  follows : 

The  president  of  the  board  of  school  trustees  of  such  city,  the 
superintendent  of  public  schools,  one  principal  and  two  teach- 
ers regularly  employed  in  the  public  schools  of  such  city.  Said 
principal  and  teachers  shall  be  selected  at  a  meeting  of  the 
public  school  teachers  of  such  city  on  the  fourth  Saturday  of 
March,  1913,  in  such  manner  and  at  such  place  or  places  as  shall 
be  determined  and  designated  by  the  board  of  school  trustees  of 
such  city;  and  thereafter  there  shall  be  selected  on  the  fourth 
Saturday  of  March  of  each  year  one  principal  and  two  teachers  as 
members  of  such  board  of  commissioners.  The  commissioners 
shall  hold  their  offices  until  their  successors  shall  be  selected  or 


Ill 

elected  as  above  set  forth.  In  the  event  of  a  vacancy  upon  said 
board  occasioned  by  the  death,  resignation  or  disability  of  either 
of  said  principal  or  teachers,  then  the  public  school  teachers  of 
said  city  shall,  within  a  reasonable  time,  upon  the  call  of  the 
president  of  said  board  of  commissioners,  hold  a  special  meeting 
and  elect  a  successor  or  successors.  A  majority  of  said  com- 
missioners shall  constitute  a  quorum  for  the  transaction  of 
business  pertaining  to  said  retirement  fund.  Said  commissioners 
shall  receive  no  pay  for  their  services  as  such,  except  the  secretary 
and  assistant  treasurer,  each  of  whom  may  be  paid  such  sums  for 
services  as  may  be  fixed  by  the  board  of  commissioners:  Pro- 
vided, however,  That  if  anyone  shall  act  as  such  secretary  or  as- 
sistant treasurer  who  shall  receive  any  of  the  benefits  of  said  re- 
tirement fund,  as  hereinafter  provided,  the  amount  of  the  salary  so 
received  by  such  secretary  or  assistant  treasurer  shall  be  deducted 
from  the  amount  to  which  he  or  she  would  otherwise  be  entitled 
as  a  beneficiary.  (R.  S.  1914,  §6555  c  1.) 

Officers  of  Board — Duties. 

SEC.  2.  Said  board  of  commissioners  shall  elect  from  among 
its  number  a  president,  vice-president  and  secretary.  The  presi- 
dent shall  preside  at  the  meetings  of  the  board  and  perform  all 
other  duties  usual  to  such  office.  The  vice-president  shall  per- 
form the  duties  of  the  president  in  his  absence.  It  shall  be  the 
duty  of  the  secretary  to  keep  a  true  and  accurate  account  of  the 
proceedings  of  said  board  of  commissioners,  and  of  the  teach- 
ers of  such  city  when  acting  upon  matters  with  relation  to  said 
fund,  and  to  turn  over  to  his  or  her  successor  all  books  and  pa- 
pers pertaining  to  such  office.  The  secretary  of  the  superintend- 
ent of  schools  of  such  city  shall  act  as  assistant  treasurer,  and  it 
shall  be  his  or  her  duty  to  keep  a  true  and  correct  statement  of  the 
account  of  each  member  with  said  retirement  fund,  to  collect  and 
turn  over  to  the  treasurer  of  said  board  all  moneys  belonging  to 
said  fund,  and  to  render  to  the  board  a  monthly  account  of  his  or 
her  doings.  He  or  she  shall  furnish  bond  in  such  amount  as  shall 
be  determined  and  required  by  said  board  of  commissioners  and 
the  board  of  commissioners  shall  allow  him  or  her  such  com- 
pensation for  his  or  her  services  as  it  may  deem  proper. 

The  treasurer  of  such  city  shall  be  ex-officio  the  treasurer 
of  said  board  of  commissioners,  and  he  shall  receive  and  hold  all 
moneys  belonging  to  such  teachers'  retirement  fund;  he  shall  have 
the  custody  of  all  notes,  bonds  and  other  securities  belonging  to 


112 

said  fund,  and  shall  collect  the  principal  and  interest  of  the  same 
and  shall  be  liable  on  his  bond  as  such  city  treasurer  for  the  per- 
formance of  all  the  duties  imposed  upon  him  by  this  act  and  for 
the  faithful  accounting  of  all  moneys  and  securities,  including 
both  principal  and  interest  which  may  come  into  his  hands  and 
which  shall  belong  to  such  retirement  fund.  And  he  shall  keep  a 
separate  account  which  shall  show  at  all  times  the  true  condition 
of  such  fund.  Said  treasurer  shall,  upon  the  expiration  of  his 
term  of  office,  account  to  said  board  of  commissioners  for  all 
moneys,  notes,  bonds,  and  other  securities  coming  into  his 
hands,  and  for  interest,  income,  profits,  rentals  and  proceeds  of 
and  from  the  same,  and  he  shall  turn  over  to  his  successor  all 
moneys,  notes,  bonds  and  other  securities  belonging  to  said  fund. 
The  secretary,  treasurer  and  assistant  treasurer  shall  make  a 
full,  true  and  accurate  report  of  their  offices  and  trusts  at  each 
annual  meeting  of  such  teachers  in  March  of  each  year.  Their 
books  shall  at  all  times  be  open  to  inspection  or  examination. 
(R.  S.  1914,  §6555  d  1.) 

Rules  and  Regulations. 

SEC.  3.  Such  board  of  commissioners  shall  have  full  charge 
and  control  of  the  teachers'  retirement  fund  of  such  city  with 
power  to  adopt  and  enforce  all  needful  regulations  governing  the 
same,  not  inconsistent  with  this  act.  Such  fund  shall  be  derived 
from  the  following  sources: 

First.  All  moneys  that  may  be  given  to  said  board  of  com- 
missioners or  to  said  fund  or  to  the  board  of  school  trustees  of 
said  city,  for  the  use  of  said  board  of  commissioners  of  teachers' 
retirement  fund,  by  any  person  or  persons.  Such  board  of  com- 
missioners may  take  by  gift,  grant,  devise  or  bequest,  any  money, 
choses-in-action,  personal  property,  real  estate,  or  any  interest 
therein,  and  any  such  gift,  grant,  devise  or  bequest,  may  be  ab- 
solute, or  upon  the  condition  that  only  the  rent,  profits  and  in- 
come arising  from  the  same  shall  be  applied  to  the  use  and  pur- 
poses of  said  fund.  Such  board  of  commissioners  shall  be  au- 
thorized to  take  such  gift,  grant,  devise  or  bequest,  under  and  by 
the  style  of  the  board  of  commissioners  of  the  teachers'  retire- 
ment fund,  of  such  city,  and  to  hold  the  same,  or  assign,  transfer 
or  sell  the  same,  whenever  proper  and  necessary,  under  and  by 
such  name. 

Second.  Every  teacher  electing  to  accept  the  provisions  of 
this  act  shall  be  assessed  upon  his  or  her  salary  as  follows:  For 


113 

the  first  twelve  years  of  teaching  service,  $10.00  per  year;  for 
the  next  eight  years  of  teaching  service,  $20.00  per  year;  for  each 
subsequent  year  of  teaching  service,  not  exceeding  thirty  years  in 
all,  $25.00  per  year. 

Members  who  have  paid  the  fees  for  thirty  years  of  teaching 
service,  shall  not  be  required  to  pay  any  additional  fees  however 
long  thereafter  they  may  remain  in  the  employ  of  the  board  of 
school  trustees.  These  rates  shall  be  paid  in  equal  payments 
corresponding  with  the  second,  fourth,  sixth  and  eighth  months 
of  the  year  for  which  teachers'  salaries  are  paid. 

Teachers  accepting  the  provisions  of  this  act  shall  be  required 
to  pay  arrearages  at  the  above  rate  with  interest  at  4%  per  an- 
num for  such  time  of  service  as  they  are  authorized  to  have  recog- 
nized under  the  provisions  of  this  act,  provided  that  any  teacher 
entitled,  under  the  provisions  of  this  act,  to  a  credit  for  one  or 
more  years  of  teaching  service  at  the  time  when  he  or  she  elects  to 
accept  the  provisions  of  this  act,  may  waive  his  or  her  right  to 
such  credit  and  pay  only  current  rates  from  the  time  when  the 
membership  begins,  and  receive  no  credit  for  previous  service. 
Such  arrearages  may  be  paid  in  cash  during  the  first  year  or  may 
be  paid  in  five  equal  installments  with  interest  at  the  rate  of  5% 
per  annum,  payable  annually,  upon  the  deferred  installments; 
and  in  case  the  latter  option  is  taken,  interest  upon  the  deferred 
installments  shall  commence  at  the  end  of  the  first  year  after 
electing  to  accept  the  provisions  of  this  act:  Provided,  further, 
That  in  case  any  teacher  is  retired  before  he  or  she  has  paid  in 
fees  a  sum  equal  to  one-half  of  the  maximum  annuities  to  which 
he  or  she  would  be  entitled,  then  and  in  that  case  there  shall  be  de- 
ducted from  the  annuity  to  be  paid  to  such  retired  teacher  dur- 
ing the  first  year,  such  sum  as  will  make  the  total  amount  paid 
by  such  teacher  one-half  of  the  maximum  annuity  to  which  he  or 
she  is  entitled  and  the  remainder  of  fees  or  arrearages  due  or  to 
be  paid  by  such  retired  teacher  shall  be  payable  in  installments  as 
hereinbefore  set  forth. 

Third.  The  board  of  school  trustees  of  such  city  shall  levy  each 
year,  in  addition  to  all  other  taxes  authorized  by  law,  a  special 
tax  of  one-fourth  (£)  of  one  mill  upon  each  one  dollar  ($1.00)  of 
taxable  property  in  the  city,  .which  sum  shall  be  collected  as  other 
taxes  are  collected  by  law,  and  which  shall  be  credited  by  the 
treasurer  of  such  city  to  the  said  teachers'  retirement  fund,  and 
shall  not  be  used  or  devoted  to  any  other  than  the  purposes  of 
said  fund.  And  nothing  in  this  act  shall  be  deemed  to  take  from 

8 — 4343 


114 

said  board  of  school  trustees  the  powers  now  given  to  said  board 
in  relation  to  the  levy  of  taxes  under  existing  statutes.  (R.  S. 
1914,  §6555  e  1.) 

Fund  Invested. 

SEC.  4.  The  board  of  commissioners  of  such  teachers'  re- 
tirement fund  shall  determine  what  part  of  said  fund  may  be 
safely  invested,  and  how  much  shall  be  retained  for  the  immedi- 
ate needs,  demands  and  exigencies  of  said  fund.  Such  invest- 
ment shall  be  made :  (1)  In  interest-bearing  bonds  of  the  United 
States,  or  of  the  State  of  Indiana,  or  in  any  bond  lawfully  issued 
by  any  state  or  county,  township,  city  or  other  municipal  corp- 
oration, either  within  or  without  the  State  of  Indiana;  (2)  loans, 
secured  by  mortgage  upon  real  estate  within  the  county  wherein 
such  city  is  located,  which  loans  shall  not  be  in  excess  of  fifty  per- 
centum  of  the  appraised  value  of  such  real  estate.  All  bonds, 
mortgages  and  other  securities  shall  be  deposited  with  and  re- 
main in  the  custody  of  the  treasurer  of  said  board,  who  shall  col- 
lect all  interest  due  thereon  and  all  the  income  therefrom,  as  the 
same  shall  become  due  and  payable.  (R.  S.  1914,  §6555  f  1.) 

Sinking  Fund. 

SEC.  5.  The  board  of  commissioners  of  such  teachers'  re- 
tirement fund  shall  establish  a  sinking  fund,  to  the  credit  of  which 
shall  be  put  and  deposited  all  gifts,  grants,  devises  and  bequests 
and  the  unexpended  balance  remaining  at  the  expiration  of  each 
fiscal  year,  and  such  sinking  fund  shall  be  and  remain  a  perman- 
ent fund,  and  no  part  thereof  shall  be  expended  except  the  in- 
terest and  income  thereof  and  therefrom:  Provided,  That  one- 
half  of  the  amount  added  to  such  sinking  fund  any  year  may  be 
used,  if  necessary,  during  the  year  immediately  following.  (R. 
S.  1914,  §6555  g  1.) 

Annual  Pensions. 

SEC.  6.  Said  teachers'  retirement  fund  shall  be  used  and  de- 
voted in  the  manner  and  for  the  purposes  as  follows: 

Any  person  electing  the  provision^  of  this  act  who  shall  have 
rendered  twenty  years  or  more  of  teaching  service  in  the  public 
schools,  twelve  of  which  may  have  been  in  public  schools  outside 
of  said  city  of  not  less  than  20,000  nor  more  than  100,000  inhabit- 
ants, according  to  the  last  preceding  United  States  census,  who 


115 

ceases  to  be  in  the  employ  of  the  board  of  school  trustees  from  any 
cause,  shall  be  entitled  to  an  annuity  in  accordance  with  the  fol- 
lowing schedule: 

For  20  years  of  service $300  00 

For  21  years  of  service 325  00 

For  22  years  of  service 350  00 

For  23  years  of  service 375  00 

For  24  years  of  service .   400  00 

For  25  years  of  service 430  00 

For  26  years  of  service 460  00 

For  27  years  of  service 490  00 

For  28  years  of  service 525  00 

For  29  years  of  service 560  00 

For  30  or  more  years  of  service 600  00 

Provided,  That  no  teacher  in  the  service  of  said  board  of  school 
trustees  at  the  time  of  the  passage  of  this  act  may  be  credited  with 
more  than  twenty-five  (25)  years  of  service. 

Such  annuities  shall  be  paid  in  four  equal  payments  as  fol- 
lows: On  January  first,  April  first,  July  first  and  October  first, 
of  each  year. 

In  the  event  that  any  teacher  electing  the  provisions  of  this 
act  for  any  reason  leaves  the  services  of  the  board  of  school  trus- 
tees before  said  teacher  has  been  credited  with  twenty  (20)  years 
of  service,  such  teacher  shall  be  entitled  to  withdraw  from  the 
treasury  of  said  teachers'  retirement  fund,  such  sum  as  will  equal 
all  payments  made  by  such  teacher  into  the  treasury  of  this  fund 
as  fees,  without  interest. 

Provided,  further,  That  in  the  event  that  such  teacher  sub- 
sequently returns  to  the  employ  of  the  board  of  school  trustees, 
such  teacher  shall  be  required  to  refund  to  said  fund  the  amount 
so  withdrawn,  with  interest  thereon  at  the  rate  of  5  per  cent,  per 
annum,  such  sum  to  be  so  refunded  within  one  (1)  year  from  the 
date  of  his  or  her  return  to  service  in  the  schools  of  said  city  of  not 
less  than  20,000  nor  more  than  100,000  inhabitants.  In  the  event 
of  the  death  of  any  teacher  electing  the  provisions  of  this  act,  be- 
fore such  teacher  has  been  retired  upon  an  annuity,  then  and  in 
that  case  the  heirs  or  legatees  of  such  deceased  teacher  shall  be 
entitled  to  a  sum  out  of  said  fund  equal  to  the  sum  paid  into  said 
fund  by  such  deceased  teacher,  without  interest. 

Provided,  further,  That  no  teacher  retiring  before  being  credited 
with  thirty  (30)  years  of  service  may  be  entitled  to  an  annuity 


116 

unless  such  teacher  be  granted  such  annuity  by  the  board  of  com- 
missioners of  said  retirement  fund  at  the  time  of  such  retirement. 
(R.  S.  1914,  §6555  h  1.) 

Years  of  Service — How  Computed. 

SEC.  7.  In  computing  years  of  service,  as  provided  in  this 
act,  the  board  of  commissioners  may  include  service  as  a  public 
school  teacher  rendered  outside  of  such  city,  not,  however,  in 
excess  of  twelve  years,  as  a  portion  of  such  services  necessary  be- 
fore any  teacher  shall  be  entitled  to  any  of  the  benefits  of  this  act: 
Provided,  That  nothing  in  this  section  shall  affect  the  amount  or 
amounts  to  be  paid  into  such  retirement  fund  by  teachers  before 
being  entitled  to  an  annuity.  And  any  teacher  may  be  given  a 
leave  of  absence  for  study,  professional  improvement  or  temporary 
disability,  not  exceeding  one  (1)  year  in  seven  (7),  and  shall  be  re- 
garded as  a  teacher  and  entitled  to  the  benefits  of  this  act:  Pro- 
vided, That  during  such  absence  he  or  she  continues  to  pay  into 
such  fund  the  amount  of  assessment  payable  by  such  teacher  as 
provided  in  the  schedule  in  section  six  (6)  of  this  act.  (R.  S. 
1914,  §6555  i  1.) 

Definition. 

SEC.  8.  In  computing  time,  under  the  provisions  of  this  act, 
such  time  shall  include  services  rendered  before,  as  well  as  after, 
the  taking  effect  of  this  act.  And  the  full  term  or  year  of  school 
in  the  corporation  in  which  such  service  was  rendered  shall  con- 
stitute a  year  of  service  under  this  act.  (R.  S.  1914,  §6555  j  1.) 

Election  of  Commissioners — By-Laws. 

SEC.  9.  The  board  of  commissioners  shall  have  the  power 
and  authority  to  make  all  necessary  by-laws  providing  for  the 
election  of  such  commissioners  to  be  elected  as  in  this  act  pro- 
vided, the  counting  and  canvassing  of  the  votes  for  the  same,  their 
meetings,  for  the  collection  of  all  moneys  and  other  property 
coming  or  belonging  to  said  fund,  and  all  other  matters  connected 
with  the  care,  preservation  and  disbursement  of  the  same,  and 
the  proper  execution  of  the  purposes  and  provisions  of  this  act. 
And  any  annuity  authorized  by  the  board  under  this  act  shall  be 
subject  to  reduction  by  said  board  of  commissioners  whenever  in 
its  judgment  the  condition  of  the  retirement  fund  renders  such 
reduction  proper  or  necessary,  and  any  annuity  so  reduced  may 
thereafter  be  restored  or  increased,  as  such  board  may  deem  best. 
(R.  S.  1914,  §6555  k  1.) 


117 

Pensions  Exempt  from  Attachment. 

SEC.  10.  All  annuities  granted  and  payable  out  of  said  teach- 
ers' retirement  fund  shall  be  and  are  exempt  from  seizure  or  levy 
upon  attachment,  execution,  supplemental  process  and  all  other 
process,  whether  mesne  or  final;  and  such  annuities  or  any  pay- 
ment of  the  same  shall  not  be  subject  to  sale,  assignment  or  trans- 
fer by  any  beneficiary  and  such  transfer  shall  be  absolutely  void. 
(R.  S.  1914,  §6555  1  1.) 

Definition  of  "Teacher." 

SEC.  11.  The  term  "teacher"  as  used  in  this  act  shall  mean 
and  include  the  superintendent  of  schools,  the  secretary  to  the 
superintendent,  any  principal,  assistant  principal,  assistant  super- 
intendent, supervisor,  assistant  supervisor,  person  in  charge  of 
any  special  department  of  instruction,  and  any  teacher  or  in- 
structor now  or  hereafter  regularly  employed  as  such  by  the  board 
of  school  trustees  of  such  city.  (R.  S.  1914,  §6555  m  1.) 

Repeal. 

SEC.  12.  All  laws  or  parts  of  laws  in  conflict  with  any  of  the 
provisions  of  this  act  are  hereby  repealed. 

[p.  658,  Acts  1915.] 
Teachers'  Pension — Fund  Created. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  there  shall  be,  and  is  hereby  created,  a  fund  to  be 
known  and  designated  as  the  Indiana  state  teachers'  retirement 
fund,  to  be  used  and  applied  in  the  payment  of  annuities  to  per- 
sons engaged  in  teaching  or  in  the  supervision  of  teaching  in  the 
public  schools  of  the  state  after  stated  periods  of  service,  or  for 
such  other  causes  and  under  such  conditions  as  are  hereinafter 
set  forth. 

Fund  Consists  of. 

SEC.  2.  The  Indiana  state  teachers'  retirement  fund  shall 
consist  of : 

1st.    A  permanent  fund. 

Said  permanent  fund  shall  be  made  up  of:  (a)  All  gifts,  grants, 
devises,  and  bequests  in  money,  property  or  other  form,  which 
the  board  of  trustees  of  said  fund  may  be  authorized  and  em- 


118 

powered  to  receive;  (b)  all  other  money  or  property  which  may 
from  any  other  source  become  a  part  of  this  fund,  and  no  part  of 
said  permanent  fund  shall  be  expended,  except  the  interest  and 
income  thereon  and  therefrom. 

2nd.    A  current  fund. 

Said  current  fund  shall  be  made  up:  (a)  All  interest  on  in- 
vestments or  deposits  of  permanent  or  current  funds,  (b)  As- 
sessments on  teachers'  salaries  as  hereinafter  provided,  (c)  Semi- 
annual apportionments,  under  conditions  named  in  this  act,  from 
the  proceeds  derived  from  the  state  school  tuition  tax,  of  such 
additional  amounts  as  are  sufficient  to  meet  all  annuities,  bene- 
fits and  other  expenses  provided  for  under  this  act,  in  excess  of 
funds  derived  from  the  two  above  named  sources. 


Board  of  Trustees — Control. 

SEC.  3.  The  control  and  management  of  the  Indiana  state 
teachers'  retirement  fund  shall  be  vested  in  a  board  of  trustees  to 
be  known  and  designated  as  the  board  of  trustees  of  the  Indiana 
state  teachers'  retirement  fund. 

Said  board  shall  be  composed  of  five  members  designated  and 
appointed  as  follows:  The  state  superintendent  of  public  in- 
struction, the  auditor  of  state,  and  the  attorney-general  of  the 
state,  who  shall  each  be  ex-officio  a  member  of  said  board.  The 
remaining  two  members  shall  be  appointed  by  the  governor  of  the 
state,  shall  be  from  different  counties  of  the  state,  shall  be  per- 
sons engaged  in  teaching  or  in  the  supervision  of  teaching,  and, 
except  in  cases  of  first  appointments  in  June,  1915,  shall  be  per- 
sons who  have  come  under  the  provisions  of  this  act. 

Appointments  of  trustees  by  the  governor  shall  be  made- 
between  the  1st  and  15th  days  of  June,  the  first  appointments  to 
be  made  in  June,  1915.  The  terms  of  office  of  trustees  so  appointed 
shall  begin  on  the  first  day  of  August  following  their  appointment 
and,  except  in  case  of  the  first  appointments,  shall  be  for  three 
years  from  and  after  that  date.  In  making  the  first  appoint- 
ments, the  governor  shall  appoint  one  member  for  two  years  and 
one  for  three  years.  Vacancies  in  the  board  of  trustees  caused  by 
the  death  or  resignation  of  appointive  members  shall  be  filled  by 
the  governor  for  the  unexpired  terms.  All  members  shall  serve 
until  their  successors  are  appointed  and  have  qualified. 


119 
Organization  of  Board. 

SEC.  4.  Said  board  of  trustees  shall  meet  for  the  first  time  on 
the  first  Monday  in  August,  1915,  in  the  office  of  the  state  super- 
intendent of  public  instruction.  The  state  superintendent  of 
public  instruction  shall  notify  members  of  said  meeting  and  act 
as  temporary  chairman  thereof. 

Said  board  of  trustees  of  the  Indiana  state  teachers'  retire- 
ment fund  shall  Organize  by  election  from  its  members  a  presi- 
dent, a  vice-president,  and  a  secretary,  who  shall  constitute  the 
officers  of  the  said  board  and  each  of  whom  shall  serve  for  a 
period  of  one  year,  or  until  his  or  her  successor  is  regularly  elected 
and  qualified.  It  shall  also  be  within  the  province  of  said  board  to 
employ  assistant  secretaries  or  clerks  from  outside  its  member- 
ship if  the  clerical  work  of  the  board  should  make  such  action 
necessary. 

Annually  thereafter,  on  the  first  Monday  in  August  each  year, 
the  board  shall  meet  and  organize  by  the  election  of  officers  as 
above.  Special  meetings  may  be  held  upon  the  call  of  the  presi- 
dent or  upon  the  signed  call  of  any  three  members  of  the  board. 

A  majority  of  the  board  shall  constitute  a  quorum  at  any 
meeting  for  the  purpose  of  transacting  business. 

State  Divided — Units. 

SEC.  5.  For  the  purpose  of  the  administration  of  this  act 
the  state  shall  be  divided  into  units  as  follows :  Each  city  with  a 
population  of  5,000  or  more  according  to  the  last  preceding  United 
States  census  shall  constitute  a  unit,  each  county  of  the  state  shall 
constitute  a  unit  and  each  public  state  normal  school  of  the  state 
supported  by  public  money  and  devoted  to  the  preparation  of 
teachers,  shall  constitute  a  unit  or  any  other  public  state  educa- 
tional institution  of  this  state  provided  for  under  this  act  sup- 
ported wholly  by  public  money  and  whose  teachers  devote  their 
entire  time  to  teaching,  shall  constitute  a  unit,  for  the  adminis- 
tration of  this  act.  Each  city  or  town  of  the  state  with  a  popu- 
lation of  less  than  5,000  according  to  the  last  preceding  United 
States  census,  shall  be  considered  as  a  part  of  the  county  unit  in 
which  it  is  located  and  each  city  having  a  population  of  5,000 
or  more  shall  be  considered  as  a  unit  separate  from  the  county  in 
which  it  is  located. 


120 

Units  Petition. 

SEC.  6.  Any  one  of  the  above  described  units  shall  come  under 
the  provisions  of  this  act  whenever  a  majority  of  the  teachers 
regularly  employed  in  the  public  schools  of  said  unit,  together  with 
a  majority  of  the  school  officials  of  said  unit,  shall  petition  there- 
for to  the  board  of  trustees  of  the  Indiana  State  teachers'  retire- 
ment fund.  Such  petition  must  be  accompanied  by  the  applica- 
tions regularly  filled  out  of  all  teachers  so  petitioning  to  become 
beneficiaries  under  this  act.  Provided,  however,  That  presidents  of 
boards  of  school  trustees  of  cities  having  a  population  of  5,000 
or  more  shall  not  be  included  in  a  petition  from  the  school  offi- 
cials of  the  county  unit  in  which  such  city  is  located. 

Acceptance  of  Act. 

SEC.  7.  Any  school  corporation  of  the  state  (hereinafter  called 
a  unit)  which  at  the  time  of  the  passage  of  this  act  has,  in  pursu- 
ance of  any  statute  of  this  state,  a  teachers'  pension  or  annuity 
system,  may,  if  such  unit  so  elects,  come  under  the  operation  of 
this  statute.  For  that  purpose  such  unit  shall  present  to  the 
board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund 
(hereinafter  in  this  section  called  the  board)  a  petition  to  be 
admitted,  which  petition  shall  be  signed  by  a  majority  of  the  then 
active  teachers  regularly  employed  by  such  unit  and  who  are  then 
contributors  to  the  local  pension  fund,  and  concurred  in  by  the 
school  trustees  or  the  other  governing  body  of  the  school  cor- 
poration of  such  unit,  and  a  majority  of  the  board  of  commission- 
ers of  the  teachers'  retirement  fund,  if  any,  of  said  unit,  as  ex- 
pressed in  formal  corporate  action,  and  shall  concurrently  pay, 
transfer,  make  over  and  assign  to  the  board  all  moneys,  credits 
and  other  property  belonging  to  the  local  unit's  pension  or  re- 
tirement department,  including,  when  collected,  the  proceeds  of 
any  tax  theretofore  levied  for  the  benefit  of  such  local  pension  de- 
partment. If  the  value  of  the  moneys  and  property  so  transferred, 
exclusive  of  such  then  levied  but  uncollected  taxes,  shall  not  ag- 
gregate a  sum  as  great  as  the  aggregate  of  all  payments  up  to 
that  time  made  to  the  local  pension  fund  by  the  teachers  of  such 
unit  still  at  that  time  regularly  employed  in  its  schools,  then,  at 
the  time  of  making  such  transfer  of  funds,  the  unit  shall  sup- 
plement such  value  by  the  sum  necessary  to  make  up  such  de- 
ficit. Such  unit  shall,  at  the  same  time,  deliver  to  the  board  its 
records  concerning  its  teachers  who  are  under  the  operation  of  its 


121 

local  pension  fund,  and  also  the  applications  of  such  teachers  for 
membership  under  such  local  fund,  and  shall  at  the  same  time  de- 
liver an  application  from  each  such  petitioning  teacher  to  become 
entitled  to  the  benefits  of  the  provisions  of  this  statute  and  of  the 
Indiana  state  teachers'  retirement  fund  and  by  any  others  of  the 
unit  who  desire  to  apply.  Teachers  who  records  are  so  transferred 
shall  then  be  given  credit  under  this  act  for  years  of  service  equal 
to  that  to  which  they  were  entitled  because  of  assessments 
paid  under  the  local  pension  or  annuity  act  from  which  their 
records  were  transferred.  The  unit  shall  at  the  same  time  fur- 
nish to  the  board  of  trustees  the  names,  addresses  and  records  of 
all  persons  at  the  time  entitled  to  receive  and  receiving  annuities 
-from  its  local  pension  fund.  The  annuities  under  the  Indiana  state 
teachers'  retirement  act  of  all  teachers  already  receiving  or  en- 
titled to  receive  annuities  or  benefits  under  the  pension  or  an- 
nuity system  so  transferring  them  shall  be  and  remain  the  same  as 
such  teachers  were  receiving  or  would  have  received  under  the 
pension  or  annuity  system  from  which  they  were  transferred.  If 
any  part  of  the  moneys  or  property  of  the  local  pension  fund  so 
transferred  shall  at  the  time  of  transfer,  and  in  pursuance  of  law, 
be  a  "permanent  fund"  the  same  shall,  after  transfer,  remain  a 
part  of  the  permanent  fund  in  the  hands  of  the  board,  the  in- 
come only  of  which  shall  be  applied,  agreeably  to  the  provision 
of  this  statute,  to  the  use  and  benefit  of  such  unit  only.  As  soon 
as  the  unit  shall  have  complied  with  the  provision  of  this  section, 
the  title  to  the  local  pension  fund  property  and  assets  of  such  unit 
shall,  ipso  facto,  by  operation  of  law,  pass  to  and  vest  in  the 
board,  and  thereafter  said  unit  shall  take  no  step  in  conducting  its 
local  pension  fund  except  such  as  may  be  necessary  to  collect  and 
pay  over  to  the  board  any  tax  theretofore  levied  but  not  fully  col- 
lected. Provided,  That  nothing  in  this  section  shall  be  con- 
strued as  impairing  or  interfering  with  any  retirement  system 
now  operative  in  this  state. 

State  Institutions — Educational — Acceptance  of  Act. 

SEC.  8.  Whenever  a  majority  of  the  board  of  trustees  and  a 
majority  of  the  teachers  of  any  public  state  normal  school  of  this 
state,  supported  by  public  money  and  devoted  to  the  preparation 
of  teachers,  or  of  any  other  public  state  educational  institution  of 
this  state  provided  for  under  this  act  supported  wholly  by  public 
money  and  whose  teachers  devote  their  entire  time  to  teaching, 


122 

shall  petition  the  board  of  trustees  of  the  Indiana  state  teachers' 
retirement  fund  to  come  under  the  provisions  of  this  act,  the  said 
board  may  grant  such  petition,  provided  the  petition  is  accom- 
panied by  the  regular  applications  of  the  teachers  so  petitioning 
to  accept  the  provisions  of  this  act,  and  meet  all  the  conditions 
of  this  act.  Each  such  school  shall  then  constitute  a  separate 
unit  for  the  administration  of  this  act.  It  shall  then  be  the  duty 
of  the  trustees  of  said  school  to  pay  to  the  board  of  trustees  of 
the  Indiana  state  teachers'  retirement  fund,  semi-annually,  on  the 
first  Monday  in  January  and  the  first  Monday  in  July  of  each  year, 
a  sum  equal  to  one  half  the  sum  certified  by  said  board  of  trustees 
of  the  Indiana  state  teachers'  retirement  fund  as  necessary  to  meet 
the  annuities  and  other  expenses  under  this  act,  of  that  particular 
unit  for  the  current  year  over  and  above  the  amounts  received 
from  assessments  of  teachers  in  that  particular  unit  and  from 
other  sources  as  set  forth  in  this  act.  Said  amounts  to  be  paid 
shall  be  taken  from  any  funds  coming  into  the  hands  of  said 
board  of  trustees  of  said  state  school  for  the  payment  of  teach- 
ers for  instruction  in  said  school. 

Duties  of  Trustees. 

SEC.  9.  The  president  of  the  board  of  trustees  of  the  Indiana 
state  teachers'  retirement  fund  shall  preside  at  the  meetings  of 
the  board  and  perform  all  other  duties  required  under  this  act 
and  those  usual  to  such  office.  The  vice-president  shall  perform 
all  duties  of  the  president  in  his  absence.  It  shall  be  the  duty  of 
the  secretary  to  keep  a  true  and  accurate  account  of  the  pro- 
ceedings of  said  board  of  trustees.  And  to  have  the  custody  and 
care  of  all  books  and  papers  pertaining  to  and  connected  with  the 
administration  of  this  act  and  for  the  care  of  which  other  pro- 
visions are  not  made  in  this  act. 

Said  board  of  trustees  of  the  Indiana  state  teachers'  retire- 
ment fund  shall  have  full  power  to  adopt  and  enforce  all  neces- 
sary by-laws  and  regulations  for  the  government  and  administra- 
tion of  this  act  not  inconsistent  with  the  same.  Said  board  may 
sue  and  may  be  sued  under  the  name  and  style  of  the  board  of 
trustees  of  the  Indiana  state  teachers'  retirement  fund,  shall  have 
the  authority  to  summon  and  examine  witnesses  in  the  adjust- 
ment of  claims;  shall  have  power  to  meet  any  emergencies  which 
may  arise  in  the  administration  of  its  trust;  and  shall  have  dis- 
cretionary power  in  determining  all  matters  pertaining  to  its  trust 
not  specifically  provided  for  in  this  act. 


123 

Members  of  said  board  shall  serve  without  pay,  except  that  all 
traveling  and  all  other  necessary  expenses  incurred  by  them  in  at- 
tending meetings  and  performing  other  necessary  duties  of  their 
office,  together  with  necessary  clerical  assistance  and  other  ex- 
penses incurred  by  the  board  in  the  administration  of  this  act 
shall  be  paid,  upon  proper  order,  from  current  fund,  and  such 
expense  shall  be  prorated  to  the  several  units  operating  under  this 
act,  on  the  basis  of  the  actual  number  of  teachers  having  come 
under  the  provisions  of  this  act  and  who  are  paying  assessments 
in  accordance  herewith  in  such  units. 

Fund  in  Control  of  Board. 

SEC.  10.  The  board  of  trustees  of  the  Indiana  state  teachers' 
retirement  fund  shall  have  charge  of  and  administer  the  said  re- 
tirement fund.  Said  board  of  trustees  shall  have  charge  of  all 
property  belonging  to  said  fund  and  may  take  by  gift,  grant,  de- 
vise, or  bequest,  any  money  or  property  coming  into  said  fund, 
and  any  such  gift,  grant,  devise,  or  bequest  may  be  absolute,  or 
upon  condition  that  only  rent,  profits,  or  income  arising  from 
the  same  shall  be  applied  to  the  uses  and  purposes  of  said  fund. 

Such  board  of  trustees  shall  be  authorized  to  take  such  a  gift, 
grant,  devise,  or  bequest,  under  and  by  the  style  of  the  board  of 
trustees  of  the  Indiana  state  teachers'  retirement  fund,  and  to 
hold  the  same  and,  unless  otherwise  provided  by  the  condition 
of  the  trust,  assign,  transfer,  or  sell  the  same,  whenever  proper 
and  necessary  for  the  benefit  of  the  retirement  fund.  The  board 
shall  receive  and  receipt  for  all  such  gifts,  grants,  devises,  bequest, 
and  all  other  funds  belonging  to  or  coming  into  the  permanent 
fund,  judiciously  invest  the  same  and  promptly  turn  over  all  re- 
ceipts therefrom  to  the  regularly  constituted  custodian  thereof. 

The  board  shall  also  receive  and  receipt  for  all  moneys  com- 
ing into  the  current  fund,  turn  the  same  over  to  the  custodian 
thereof  and  direct  their  disbursement,  no  payments  being  al- 
lowed therefrom  except  upon  the  express  written  order  of  the  board 
officially  signed  by  its  president  and  secretary. 

The  board  shall  report  annually  the  condition  of  the  funds  in 
its  charge,  the  names  of  the  several  units  of  the  state  that  have  ac- 
cepted the  provisions  of  this  act,  and  an  itemized  statement  of  the 
receipts  and  expenditures  on  account  of  the  fund  for  each  unit  ac- 
cepting the  provisions  of  this  act;  a  list  of  the  beneficiaries  of  the 
current  fund;  an  estimate  of  amounts  required  for  annuities,  bene- 


124 

fits  and  other  expenses  for  the  following  year,  and  the  approxi- 
mate amounts  required  to  be  apportioned  to  the  different  units 
from  the  proceeds  of  the  tax  for  the  state  school  tuition  fund  to 
meet  necessary  expenses  over  and  above  receipts  from  the  other 
sources  named.  Said  report  shall  be  submitted  to  the  governor 
on  or  before  the  15th  day  of  August  of  each  year.  Said  report  may 
also  be  printed  and  distributed  to  all  persons  entitled  to  an  in- 
terest in  said  funds  and  who  are  in  any  way  bound  by  the  pro- 
visions of  this  act. 

State  Treasurer — Custodian  of  Funds. 

SEC.  11.  The  treasurer  of  the  State  of  Indiana  shall  be  the 
custodian  of  all  moneys,  papers,  and  securities  belonging  to  or  be- 
ing a  part  of  either  the  permanent  or  current  funds  of  the  Indiana 
state  teachers'  retirement  fund.  He  shall  deposit,  take  care  of, 
and  report  such  funds  in  accordance  with  the  provisions  of  this 
act  and  of  the  Indiana  state  depository  law,  and  shall  pay  the 
same  only  upon  the  order  of  the  board  of  trustees  of  the  Indiana 
state  teachers'  retirement  fund,  properly  signed  by  the  presi- 
dent and  secretary  thereof. 

All  interest  accruing  on  funds  of  any  kind  belonging  to  said 
fund  shall  go  into  the  current  retirement  fund. 

It  is  hereby  expressly  provided  that  no  annuity  or  benefit 
of  any  kind  authorized  by  this  act  shall  be  due  or  be  paid  prior 
to  January  1,  1917. 

Applications  for  Pension. 

SEC.  12.  The  board  of  trustees  of  the  Indiana  state  teach- 
ers' retirement  fund  shall  receive  and  pass  upon  all  applica- 
tions for  annuities  or  benefits  under  this  act.  It  shall  have  power 
to  summon  witnesses,  order  medical  examinations,  select  or  ap- 
prove physicians  for  such  examinations,  and  conduct  all  reason- 
able investigations  to  enable  it  to  determine  intelligently  the  jus- 
tice of  any  claim  submitted. 

Teachers'  Assessed. 

SEC.  13.  Every  teacher  coming  under  the  provisions  of  this 
act  shall  be  assessed  upon  his  or  her  salary  for  the  school  year  in 
which  such  assessment  is  made  as  follows:  For  the  first  fifteen 
years  of  teaching  service,  $10.00  per  year;  for  the  next  ten  years 
of  teaching  service,  $20.00  per  year;  for  the  next  ten  years  of 


125 

teaching  service,  $25.00  per  year;  for  the  remaining  years  of  teach- 
ing service  up  to  and  including  the  fortieth  year  of  such  service, 
$20.00  per  year.  Provided,  That  should  a  teacher  coming  under 
the  provisions  of  this  act  teach  longer  than  forty  years,  no  assess- 
ment shall  be  collected  from  such  teacher  for  time  taught  beyond 
the  period  of  forty  years. 

All  assessments  upon  teachers'  salaries  provided  for  in  this 
act  shall  be  paid  in  equal  installments  corresponding  to  the  sec- 
ond, fourth  and  sixth  months  of  the  school  year  in  which  the 
salaries  upon  which  such  assessments  are  made  are  paid. 

From  and  after  August  1,  1915,  it  shall  be  the  duty  of  the 
board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund  to 
report  semi-annually  to  each  official  charged  with  the  payment  of 
salaries  to  teachers  in  each  unit  in  the  state  that  has  elected  to 
come  under  the  provisions  of  this  act,  the  name  of  each  teacher 
under  this  act  receiving  payment  from  such  paying  official.  Said 
notification  shall  be  given  on  or  before  the  first  day  of  October 
and  the  first  day  of  February  of  each  year. 

It  shall  then  be  the  duty  of  such  paying  official,  at  the  time  of 
payment  of  salaries  to  such  teachers  for  the  second,  fourth  and 
sixth  school  months  of  each  school  year,  to  deduct  from  the  sal- 
aries of  each  of  the  teachers  whose  names  have  been  so  reported, 
an  amount  equal  to  one-third  of  t:he  total  amount  due  from  said 
teacher  for  the  entire  school  year  as  assessments  under  this  act, 
and  said  paying  official  shall  between  the  first  and  fifteenth  days 
of  January  and  June  of  each  year,  pay  over  to  the  board  of  trus- 
tees of  the  Indiana  state  teachers'  retirement  fund  all  money  that 
has  come  into  his  hands  from  assessments  on  teachers'  salaries  as 
provided  for  in  this  act.  Whatever  credits  may  be  due  any  teach- 
er because  of  assessments  paid  under  this  act  shall  be  credited  to 
the  unit  under  this  act  in  which  he  or  she  is  working. 

Payment  of  Arrearages. 

SEC.  14.  Teachers  coming  under  the  provisions  of  this  act 
shall  be  required  to  pay  arrearages  at  the  above  rates,  for  such 
time  of  service,  from  one  (1)  to  forty  (40)  years  inclusive,  as  they 
are  authorized  to  have  recognized  under  the  provisions  of  this 
act,  provided,  that  any  teacher  entitled  under  the  provisions  of 
this  act  to  credit  for  one  or  more  years  of  teaching  service  at  the 
time  when  he  or  she  elects  to  accept  the  provisions  of  this  act,  may 
waive  his  or  her  right  to  such  credit  and  pay  only  current  rates 


126 

from  the  time  when  the  membership  begins,  and  receive  no  credit 
for  previous  service.  Such  arrearage  may  be  paid  in  cash  during 
the  first  year,  or  may  be  paid  in  five  equal  annual  installments 
with  interest  at  the  rate  of  five  per  cent,  per  annum,  payable  an- 
nually, upon  the  deferred  installments.  In  case  the  latter  option 
is  taken,  interest  upon  the  deferred  installments  shall  com- 
mence at  the  end  of  the  first  year  after  electing  to  accept  the  pro- 
visions of  this  act:  Provided,  further,  That  in  case  any  teacher  is 
retired  before  he  or  she  has  paid  in  assessment  a  sum  equal  to  one- 
half  of  the  maximum  annuity  to  which  he  or  she  would  be  en- 
titled, then  and  in  that  case  there  shall  be  deducted  from  the  an- 
nuity to  be  paid  to  such  retired  teacher  during  the  first  year,  such 
sum  as  will  make  the  total  amount  paid  by  such  teacher  one- 
half  of  the  maximum  annuity  to  which  he  or  she  is  entitled,  and 
the  remainder  of  fees  or  arrearages  due  or  to  be  paid  by  such 
retired  teacher  shall  be  payable  in  installments  as  hereinbefore 
set  forth. 

Record  of  Units  and  Teachers. 

SEC.  15.  The  board  of  trustees  of  the  Indiana  state  teach- 
ers' retirement  fund  shall  keep  an  accurate  record  of  all  units  of  the 
state  that  have  accepted  and  are  working  under  the  provisions  of 
this  act;  the  number  and  names  of  all  teachers  in  each  who  have 
met  the  conditions  of  becoming  beneficiaries  under  the  same;  the 
amount  of  assessments  paid  by  each  teacher,  together  with  the 
total  amount  paid  from  each  unit;  the  number  of  teachers  re- 
ceiving or  entitled  to  receive  annuities,  or  benefits  of  any  kind 
from  the  Indiana  state  teachers'  retirement  fund,  together  with 
the  amounts  due  or  to  become  due  to  each  unit  and  the  total 
amount  due  as  annuities  from  each  unit.  Said  board  of  trustees 
shall  then  apportion  to  the  several  units  accepting  and  working 
under  this  act  all  current  funds  in  its  hands  outside  of  funds  col- 
lected as  assessments- from  teachers  and  over  and  above  amounts 
necessary  for  actual  running  expenses  as  provided  in  this  act,  said 
apportionment  being  based  upon  the  actual  number  of  teachers 
having  come  under  the  provisions  of  this  act  and  who  are  paying 
assessments  in  accordance  therewith. 

The  board  shall  then  certify  to  the  state  superintendent  of 
public  instruction  the  amount  required  by  each  unit,  over  and 
above  the  amounts  credited  to  it  from  assessments  paid  by  its 
teachers  and  the  amount  apportioned  to  it  from  the  other  current 


127 

funds  under  this  act,  to  meet  the  demand  under  this  act  upon  that 
particular  unit  for  the  following  fiscal  year.  It  shall  then  be  the 
duty  of  the  state  superintendent  of  public  instruction,  when  mak- 
ing his  semi-annual  apportionments  of  the  proceeds  derived  from 
the  state  school  tuition  tax  in  January  and  in  June  of  each  year,  to 
withhold  from  each  unit  so  certified  by  the  board  of  trustees  of  the 
Indiana  state  teachers'  retirement  fund  a  sum  equal  to  one-half 
the  amount  certified  as  necessary  to  meet  the  demands  of  that  unit, 
under  this  act,  over  and  above  the  proceeds  derived  by  said  unit 
from  other  sources  named  in  this  act.  The  state  superintendent  of 
public  instruction  shall  certify  the  amount  so  withheld  to  the 
county  auditor  of  the  county  in  which  said  unit  is  located  and  shall 
at  once  turn  said  amount  over  to  the  trustees  of  the  state  teachers' 
retirement  fund. 

Provided,  That  for  such  state  normal  schools  and  other  public 
state  educational  institutions  of  this  state  included  under  this 
act,  as  do  not  receive  their  public  money  through  the  county 
auditor  and  which  come  under  the  provisions  of  this  act,  the 
board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund 
shall  send  the  required  notices  to  the  state  auditor  instead  of  to 
the  state  superintendent  of  public  instruction.  The  state  auditor 
shall  then  withhold,  from  any  money  to  which  such  schools  may 
be  entitled  for  the  payment  of  teachers'  salaries,  the  amounts 
shown  by  said  notices  to  be  required  in  addition  to  the  assess- 
ments on  teachers'  salaries  in  such  schools  to  meet  the  require- 
ments of  teachers'  annuities  under  this  act,  and  semiannually 
between  the  first  and  fifteenth  days  of  January  and  June  of  each 
year  the  state  auditor  shall  pay  to  said  trustees  of  the  Indiana 
state  teachers'  retirement  fund  all  moneys  so  withheld  by  him  to 
date  under  provisions  of  this  act. 

Investment  of  Funds — Cash  on  Hand. 

SEC.  16.  The  board  of  trustese  of  the  Indiana  state  teachers' 
retirement  fund  shall  determine  what  part  of  said  fund  may  be 
safely  invested  and  how  much  shall  be  retained  for  the  im- 
mediate needs,  demands  and  exigencies  of  said  fund.  Such  in- 
vestments shall  be  made:  (1)  In  interest-bearing  bonds  of  the 
United  States;  or  of  the  State  of  Indiana,  or  in  any  bond  lawfully 
issued  by  state  or  county,  township,  city,  or  other  municipal  corp- 
rations  within  the  United  States;  (2)  loans  secured  by  first  mort- 
gage upon  improved  real  estate,  which  loans  shall  not  be  in  excess 


128 

of  fifty  per  cent,  of  the  appraised  value  of  such  real  estate.  All 
bonds,  mortgages,  and  other  securities  shall  be  deposited  with  and 
remain  in  the  custody  of  the  custodian  of  said  fund,  who  shall  col- 
lect all  interest  due  thereon  and  all  the  income  therefrom,  as  the 
same  shall  become  due  and  payable  and  deposit  same  to  the 
credit  of  the  current  fund  of  the  Indiana  state  teachers'  retire- 
ment fund. 


Amount  of  Pensions. 

SEC.  17.  Said  Indiana  state  teachers'  retirement  fund  shall  be 
used  and  devoted  in  the  manner  and  for  the  purposes  as  follows: 
Any  person  coming  under  the  provisions  of  this  act  who  shall 
have  rendered  thirty-five  years  or  more  of  teaching  service  in  the 
public  schools,  twelve  of  which  may  have  been  in  public  schools, 
outside  of  the  state,  who  ceases  to  be  in  the  employ  of  the  public 
schools  of  the  state  from  any  cause,  shall  be  entitled  to  an 
annuity  in  accordance  with  the  following  schedule: 

For  35  years  of  service $600  00 

For  36  years  of  service .   620  00 

For  37  years  of  service 640  00 

For  38  years  of  service 660  00 

For  39  years  of  service 680  00 

For  40  years  of  service 700  00 

Provided,  That  any  teacher  in  the  service  of  the  public  schools 
of  the  state  may  be  temporarily  or  permanently  retired  for  dis- 
ability on  an  annuity  in  accordance  with  the  schedule  in  this  act 
after  he  or  she  shall  have  served  as  such  teacher  as  per  the  con- 
ditions of  this  act  for  a  period  of  twenty-five  years  or  more:  and 
Provided,  further,  That  when  a  teacher  is  retired  for  any  disability 
before  he  or  she  has  met  with  the  conditions  for  permanent  re- 
tirement under  this  act,  such  retirement  shall  continue  only  until 
such  disability  is  relieved  or  removed,  and  no  further  annuity 
or  benefit  shall  be  paid  to  such  teacher  after  medical  examination 
made  on  demand  of  the  board  of  trustees  of  the  Indiana  state 
teachers'  retirement  fund  and  at  the  expense  of  said  teacher  shall 
establish  that  such  disability  is  removed.  No  benefit  for  dis- 
ability shall  be  paid  for  less  than  one-half  of  a  school  year. 

The  schedule  according  to  which  disability  benefits  shall  be 
paid  follows: 


129 

For  25  years  of  service $350  00 

For  26  years  of  service 375  00 

For  27  years  of  service 400  00 

For  28  years  of  service 425  00 

For  29  years  of  service 450  00 

For  30  years  of  service 475  00 

For  31  years  of  service 500  00 

For  32  years  of  service , 525  00 

For  33  years  of  service 550  00 

For  34  years  of  service 575  00 

Such  annuities  shall  be  paid  upon  the  order  of  the  board  of 
trustees  in  four  equal  payments  as  follows:  On  January  first, 
April  first,  July  first,  and  October  first,  of  each  year. 

In  the  event  that  any  teacher  coming  under  the  provisions  of 
this  act  for  any  reason  leaves  the  services  of  the  public  schools 
of  any  unit  of  this  state  operating  under  this  act,  before  said 
teacher  is  entitled  to  receive  annuities  under  this  act,  such  teacher 
shall  be  entitled  to  withdraw  from  the  treasury  of  the  Indiana 
state  teachers'  retirement  fund,  such  a  sum  as  will  equal  all  pay- 
ments made  by  such  teacher  into  the  treasury  of  this  fund  with- 
out interest. 

Provided,  That  any  benefits  which  such  teacher  may  have  re- 
ceived for  disability  prior  to  the  time  of  such  withdrawal,  shall  be 
deducted  from  amount  to  be  so  withdrawn. 

Provided,  further,  That  in  the  event  that  such  a  teacher  sub- 
sequently returns  to  the  employ  of  a  school  of  a  unit  under  this 
act,  such  teacher  shall  be  required  to  pay  to  the  fund  of  the  unit 
in  which  such  teacher  is  employed  the  amount  so  withdrawn  with 
interest  thereon  at  the  rate  of  five  per  cent,  per  annum  from  date 
of  withdrawal,  such  sum  to  be  paid  within  one  year  from  the  date 
of  his  or  her  return  to  service  in  the  schools  of  the  state.  In  the 
event  of  the  death  of  any  teacher  coming  under  the  provisions  of 
this  act,  before  such  teacher  has  been  retired  upon  an  annuity, 
then  and  in  that  case  the  heirs  or  legatees  of  such  deceased  teacher 
shall  be  entitled  to  a  sum  out  of  said  fund  equal  to  the  sum  paid 
into  said  fund  by  such  deceased  teacher,  without  interest,  and 
after  deductions  for  whatever  benefits  have  been  paid  such  teacher 
have  been  made. 


' 


Computing  Years  of  Service. 

SEC.  18.     In  computing  years  of  service,  as  provided  in  this 
act,  the  board  of  trustees  may  include  service  as  public  school 

9—4343 


130 

teacher  rendered  outside  of  the  state,  not,  however,  in  excess 
of  twelve  years,  as  a  portion  of  such  services  necessary  before  any 
teacher  shall  be  entitled  to  any  of  the  benefits  of  this  act,  pro- 
vided, that  nothing  in  this  section  shall  affect  th^  amount  or 
amounts  to  be  paid  into  such  retirement  fund  by  teachers  before 
being  entitled  to  an  annuity.  Any  teacher  may  be  given  a  leave 
of  absence  for  study,  professional  improvement,  or  temporary 
disability,  not  exceeding  one  year  in  seven,  and  shall  be  regarded 
as  a  teacher  and  entitled  to  the  benefits  of  this  act,  provided  that 
during  such  absence  he  or  she  continues  to  pay  into  such  fund  the 
amount  of  assessment  payable  by  such  teacher  as  provided  by  this 
act. 

Credit  shall  be  given  under  this  act  for  all  years  of  service  ren- 
dered under  its  provisions  before,  as  well  as  after,  the  taking  ef- 
fect of  this  act.  And  the  full  term  or  year  of  school  in  the  corp- 
oration in  which  such  service  was  rendered  shall  constitute  a 
year  of  service  under  this  act. 

Attachment — Pensions  Exempt. 

SEC.  19.  All  the  annuities  granted  and  payable  out  of  said 
state  teacher's  retirement  fund  shall  be  and  are  exempt  from  sei- 
zure or  levy  upon  attachment,  supplemental  process,  and  all  other 
process;  and  such  annuities  or  any  payment  of  the  same  shall 
note  be  subject  to  sale,  assignment,  or  transfer  by  any  beneficiary; 
and  any  such  sale,  assignment  or  transfer  shall  be  absolutely  void. 

Teachers  Eligible  to  Pension. 

SEC.  20.  The  beneficiaries  of  this  fund  shall  include  any 
legally  licensed  and  regularly  employed  teacher,  teacher-clerk, 
supervising  principal,  principal,  supervisor,  superintendent  of 
schools,  person  in  charge  of  teaching  any  special  department  of 
instruction  or  training,  or  any  other  teacher  or  instructor  legally 
licensed  and  regularly  employed  as  such  in  any  of  the  public 
schools  of  this  state;  or  in  any  public  state  normal  school  of  the 
state,  supported  by  public  money,  and  devoted  to  the  preparation 
of  teachers;  or  the  qualified  and  regularly  employed  teachers, 
principals,  superintendent  and  others  named  above  in  any  other 
public  state  educational  institution  of  this  state  supported  wholly 
by  public  money,  and  whose  teachers  devote  their  entire  time  to 
teaching,  Provided,  however,  That  no  institution  which  is  operat- 
ing under  any  pension  or  annuity  system  not  provided  for  by 


131 

laws  of  the  State  of  Indiana,  may  come  under  the  provisions  of 
this  act. 

Pensions   Withdrawn. 

SEC.  21.  Whenever  any  person  receiving  any  benefits  from 
said  fund  shall  be  convicted  of  any  felony  or  of  any  misdemeanor 
of  which  he  or  she  shall  be  adjudged  to  be  imprisoned;  or  shall 
fail  to  report  for  examination  as  required  herein,  unless  excused 
by  the  board  of  trustees  of  the  Indiana  state  teachers'  retirement 
fund,  or  shall  disobey  the  requirements  of  said  board  of  trustees 
in  respect  to  said  examination,  then  such  board  may  order  that 
the  annuity  allowed  and  paid  to  him  or  to  her  shall  cease. 

Subsequent  Applications. 

SEC.  22.  Any  teacher  teaching  in  any  unit  of  the  state  at  the 
time  such  unit  elects  to  come  under  the  provisions  of  this  act, 
who  does  not  at  that  time  make  application  as  provided  under 
this  act,  may  make  such  application  at  any  subsequent  time,  provided 
that  with  such  application  there  is  submitted  full  payment  of  all 
arrearages  for  time  to  which  such  teacher  is  entitled  as  credits 
under  this  act,  together  with  five  per  cent,  compound  interest  on 
same  from  the  date  at  which  such  teacher  had  first  opportunity 
to  come  under  the  provisions  of  this  act. 

[p.  Ill,  Acts  1915.] 
Tuberculosis — Contagious — Duties  of  Physicians. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State 
of  Indiana,  That  tuberculosis  being  hereby  declared  to  be  an  in- 
fectious and  communicable  disease  dangerous  to  the  public  health, 
it  shall  be  the  duty  of  every  practicing  physician  in  this  state 
to  report  the  name  and  address  of  every  person  known  by  him  to 
be  infected  with  tuberculosis,  to  the  health  officer  of  the  city,  town 
or  county  in  which  such  person  resides,  at  least  five  days  after  such 
fact  comes  to  the  knowledge  of  the  physician;  it  shall  also  be  the 
duty  of  the  cheif  [chief]  officer  having  charge  for  the  time  being  of 
any  hospital,  dispensary,  asylum  or  other  similar  private  or  public 
institution  to  report  the  name,  age,  sex,  color,  occupation,  place 
where  last  employed  if  known  and  the  home  address  of  every 
person  having  tuberculosis  who  comes  under  his  care  or  under  his 
observation,  at  least  five  days  after  such  fact  comes  to  his  knowl- 


132 

edge,  to  the  health  officer  of  the  city,  town  or  county  from  which 
such  patient  comes;  and  it  shall  be  the  duty  of  every  authorized 
school  physician  to  report  the  name,  age,  sex,  color,  school  and 
home  address  of  every  school  child,  teacher  or  school  janitor, 
having  tuberculosis,  who  comes  under  his  observation  in  the  per- 
formance of  his  duties  in  connection  with  the  medical  inspection 
of  schools,  at  least  five  days  after  such  fact  comes  to  his  knowledge, 
to  the  health  officer  of  the  city,  town  or  county  in  which  such 
child,  teacher  or  janitor  resides. 

Health  Officer — Report  to  State  Board  of  Health. 

SEC.  2.  The  health  officer  of  every  city,  town  and  county  in 
the  state,  shall  .report  monthly  to  the  state  board  of  health,  the 
names  and  addresses  of,  and  all  other  information  available  con- 
cerning persons  infected  with  tuberculosis,  which  have  been  re- 
ported to  him  during  that  period  as  provided  in  section  1  of  this 
act.  The  state  board  of  health  shall  appoint  a  deputy  whose  duty 
it  shall  be,  under  the  direction  of  the  state  board  of  health,  to 
tabulate  all  such  reports  received  from  the  health  officers  of  the 
cities,  towns  and  counties  and  to  investigate  the  prevalence,  causes 
and  distribution  of  human  tuberculosis  in  the  state  for  the  purpose 
of  determining  its  relation  to  the  public  health  and  welfare  and  to 
devise  ways  and  means  for  restricting  and  controlling  the  disease. 
The  results  of  his  investigations  shall  form  a  part  of  the  annual 
report  of  the  state  board  of  health  and  shall  be  otherwise  dis- 
tributed as  the  state  board  of  health  may  decide  among  the  people 
of  the  state  for  their  enlightenment  as  to  the  prevalence  and 
dangers  of  tuberculosis  and  the  best  methods  of  its  cure  and 
prevention. 

Notice  to  Owner  of  Property. 

SEC.  3.  The  health  officer  of  every  city,  town  and  county, 
shall  as  soon  as  possible  after  he  receives  the  report  of  any  phy- 
sician or  other  authority  as  provided  in  section  one  (1)  of  this  act, 
that  a  person  under  their  care  and  observation  is  suffering  from 
tuberculosis,  except  in  the  cases  of  inmates  of  hospitals,  dis- 
pensaries, asylums  or  other  similar  private  or  public  institutions, 
and  also  immediately  after  receiving  notice  as  hereinafter  pro- 
vided of  the  removal  of  any  such  person  infected  with  tuberculosis, 
ascertain  the  name  and  address  of  the  owner  or  agent  of  the  apart- 
ment, home,  room  or  premises  occupied  by  such  person  so  infected 


133 

with  tuberculosis  and  notify  immediately  such  owner  or  agent  that 
an  apartment,  house,  room  or  premises,  owned  or  rented  by  such 
owner  or  agent  is  occupied  by  a  person  infected  with  tuberculosis 
and  further  inform  him  of  the  duties  hereinafter  required  of  him 
in  connection  with  the  death  or  removal  of  such  person  infected 
with  tuberculosis  and  in  connection  with  the  disinfection  of  such 
apartment,  home,  room  or  premises,  and  the  penalties  for  failure 
to  comply  with  such  provisions. 

Disinfecting  Premises — Compulsory. 

SEC.  4.  When  any  apartment,  house,  room,  or  premises  is 
vacated  by  the  death  or  removal  therefrom  of  a  person  infected 
with  tuberculosis,  the  owner  or  agent  of  such  apartment,  house, 
room  or  premises  shall  notify  the  health  officer  of  the  city,  town 
or  county  in  which  such  apartment  house,  room  or  premises  is 
situated  that  such  apartment,  house,  room  or  premises  has  been 
vacated.  Upon  receiving  such  notice  such  health  officer  shall 
himself  or  through  his  deputies  disinfect  such  apartment,  house, 
room,  or  premises  in  the  following  manner:  All  windows,  outside 
doors,  and  exits  of  such  apartment,  house,  room,  or  premises  shall 
be  closed  and  all  inside  doors,  closets,  drawers  and  shelves  of  the 
aforesaid  apartment,  house,  room,  or  premises  shall  be  open  during 
the  process  of  disinfection  for  a  period  of  not  less  than  two  (2) 
hours  and  a  separate  vessel  of  the  disinfectant  hereinafter  pro- 
vided shall  be  exposed  in  each  room  and  hall;  and  a  temperature 
not  lower  than  50  degrees  above  Fahrenheit  and  with  atmospheric 
moisture  of  not  less  than  60%  of  saturation  there  shall  be  used  10 
ounces  of  formaldehyde  and  5  ounces  of  permanganate  of  potash 
per  1,000  cubic  feet  of  room  space;  in  a  temperature  not  higher 
than  50  degrees  Fahrenheit  and  with  atmospheric  moisture  not 
exceeding  60%  of  saturation  there  shall  be  used  20  ounces  of 
formaldehyde  and  10  ounces  of  permanganate  of  potash  per 
1,000  cubic  feet  of  room  space.  All  expenses  of  such  disinfection 
shall  be  borne  by  the  city,  town  or  county  in  which  the  aforesaid 
apartment,  house,  room  or  premises  is  situated. 

Renting  Property  Without  Disinfecting. 

SEC.  5.  It  shall  be  unlawful  for  any  owner  or  agent  to  rent 
or  allow  to  be  occupied  any  apartment,  house,  room,  or  premises 
vacated  by  the  death  or  removal  therefrom  of  a  person  infected 
with  tuberculosis,  until  such  apartment,  house,  room,  or  premises 
shall  have  been  thoroughly  disinfected  as  above  provided. 


134 

Penalty. 

SEC.  6.  Any  physician,  any  chief  officer  having  charge  of  any 
hospital,  dispensary,  asylum  or  other  similar  private  or  public 
institution,  any  authorized  school  physician,  any  city,  town  or 
county  health  officer,  or  any  owner,  agent  or  any  other  person 
violating  any  provision  of  this  act  shall  be  guilty  of  a  misdemeanor 
and  shall,  on  conviction  thereof,  be  fined  not  less  than  ten  dollars 
($10.00)  nor  more  than  fifty  dollars  ($50.00). 

[p.  505,  Acts  1913.] 
Taxation — State  Revenue — Levy — General  Fund. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State 
of  Indiana,  That  in  the  year  1913  and  annually  thereafter,  there 
shall  be  levied  and  collected  as  other  state  taxes  are  levied  and 
collected  the  sum  of  seven  cents  upon  each  one  hundred  dollars' 
worth  of  taxable  property,  and  fifty  cents  on  each  taxable  poll 
in  the  State  of  Indiana,  which  money  when  collected  shall  be 
paid  into  the  general  fund  of  the  state  treasury. 

Benevolent  Institution  Fund — Levy. 

SEC.  2.  There  shall  be  in  the  year  1913  and  annually  there- 
after, levied  and  collected  as  other  state  taxes  are  levied  and 
collected  the  sum  of  ten  cents  on  each  one  hundred  dollars  worth 
of  taxable  property  in  the  State  of  Indiana,  which  money,  when 
collected,  shall  be  paid  into  the  state  treasury  and  shall  be  kept 
and  known  as  the  "benevolent  institution  fund,"  and  shall  be 
used  for  the  support  of  the  benevolent  and  reformatory  insti- 
tutions of  the  state:  Provided,  That  whenever  there  shall  be  a 
credit  to  said  "benevolent  institution  fund,"  as  a  result  of  the  tax 
in  this  section  provided  for,  or  from  any  such  tax  heretofore  levied 
and  collected,  the  auditor  of  state  is  authorized  and  empowered  to 
charge  to  such  fund  and  transfer  and  credit  to  the  general  fund  any 
sum  or  sums  that  may  have  been  heretofore,  or  that  may  here- 
after be  paid  out  of  the  general  fund  for  the  use  and  benefit  of  said 
benevolent  institutions,  and  whenever  there  shall  be  a  deficit  in 
such  fund  there  shall  be  transferred  from  the  general  fund  and 
credited  to  the  benevolent  institution  fund  a  sum  sufficient  to 
meet  such  deficit. 

State  Debt  Sinking  Fund — Levy. 

SEC.  3.  That  there  shall  be  levied  and  collected  in  the  year 
1914,  and  annually  thereafter,  as  other  state  taxes  are  levied  and 


135 

collected,  the  sum  of  one  and  one-half  (1J)  cents  on  each  one 
hundred  dollars  ($100.00)  worth  of  taxable  property  of  this 
state,  which  money  when  so  collected,  shall  be  paid  into  the  state 
treasury,  and  shall  be  kept  and  known  as  the  "state  debt  sinking 
fund"  and  the  proceeds  from  such  levy  and  tax  shall  be  used  for 
the  payment  of  the  principal  and  interest  of  the  public  debt  of 
this  state  as  the  same  may  become  due,  and  payable,  and  such 
tax  shall  not  be  diverted  from  said  purpose. 

Educational  Institution  Fund — Levy. 

SEC.  4,  There  shall  be  levied  and  collected  upon  the  taxable 
property  of  the  State  of  Indiana  in  the  year  1913.  and  in  each 
year  thereafter,  for  the  use  and  benefit  of  the  Indiana  University 
(Indiana  University  School  of  Medicine,  and  Hospital),  Purdue 
University  and  the  Indiana  State  Normal  School  to  be  apportioned 
as  hereinafter  in  this  act  provided,  a  tax  of  seven  cents  on  each 
one  hundred  dollars  of  taxable  property  in  Indiana,  to  be  levied, 
collected  and  paid  into  the  treasury  of  the  State  of  Indiana,  in 
like  manner  as  other  state  taxes  are  levied  and  collected  and  paid, 
and  the  same  shall  be  distributed  and  apportioned  among  them, 
severally  upon  the  basis  as  follows,  viz.:  To  the  said  trustees  of 
Indiana  University  upon  the  basis  of  two-fifths  (2-5)  of  the  total 
proceeds  of  this  tax;  to  the  trustees  of  Purdue  University  upon 
the  basis  of  two-fifths  (2-5)  of  the  total  proceeds  of  this  tax;  and 
to  the  trustees  of  the  Indiana  State  Normal  School  upon  the  basis 
of  one-fifth  (1-5)  of  the  total  proceeds  of  this  tax.  The  money 
derived  from  the  tax  provided  for  in  this  act  shall  be  paid  to  the 
trustees  of  said  institutions  on  warrants  of  the  auditor  of  state,  in 
the  same  manner  as  the  benevolent  institution  fund  is  disbursed 
to  boards  of  trustees  of  benevolent  and  reformatory  institutions. 
When  the  funds  provided  for  by  this  act  for  said  educational  in- 
stitutions shall  become  available,  said  funds  shall  constitute  the 
total  amounts  to  be  paid  out  of  the  treasury  of  the  state  to  said 
institutions  for  any  purpose,  thereafter,  and  all  acts  and  parts  of 
acts  in  conflict  with  this  provision  are  hereby  repealed :  Provided, 
That  nothing  in  this  act  shall  effect  in  any  way  any  endowment 
or  permanent  fund  or  funds  that  may  belong  to  or  may  have  been 
appropriated  for  either  Indiana  University  of  Purdue  University 
or  the  right  of  any  of  said  institutions  mentioned  in  this  act  to  any 
taxes  heretofore  levied  for  their  benefit,  but  all  such  taxes  hereto- 
fore levied  are  hereby  saved  to  said  institutions:  And,  Provided, 
further,  That  no  part  of  the  general  school  revenue  of  the  state  shall 
be  deducted  or  set  apart  to  the  State  Normal  School. 


136 

Unexpended  Balance — Educational  Institution  Fund. 

SEC.  5.  In  case  there  shall  be  any  unexpended  balance  at  the 
end  of  any  fiscal  year,  of  the  funds  provided  for  by  this  act,  ap- 
portioned to  any  one  of  said  educational  institutions,  the  same 
shall  not  revert  to  the  general  fund  but  shall  remain  and  belong 
to  said  institution  to  which  it  was  apportioned,  to  be  expended  in 
the  future  only  for  the  physical  improvement  of  such  institution; 
and  no  educational  institution  herein  named  shall  construct  any 
new  building  or  buildings  from  said  fund  without  first  receiving 
the  approval  of  the  state  board  of  finance. 

Repeal.          • 

SEC.  6.  All  laws  in  conflict  with  the  provisions  of  this  act, 
except  where  otherwise  provided  herein,  are  hereby  repealed. 
(Acts  1913,  p.  505). 

[p.  695,  Acts  1915.] 
Preamble. 

WHEREAS,  By  an  act  of  congress  entitled  "An  act  to  provide  for 
co-operative  agricultural  extension  work  between  the  agri- 
cultural colleges  in  the  several  states  receiving  benefits  of  an 
act  of  congress  approved  July  2, 1862,  and  of  acts  supplemental 
thereto,  and  the  United  States  department  of  agriculture," 
approved  May  8,  1914,  certain  moneys  were  provided  for  the 
purpose  of  "diffusing  among  the  people  of  the  various  states 
useful  and  practical  information  on  the  subjects  relating  to 
agriculture  and  home  economics,  and  to  encourage  the  ap- 
plication of  the  same"  through  the  agency  of  the  agricultural 
colleges  in  co-operation  with  the  United  States  department  of 
agriculture,  on  conditions,  which  conditions  are  as  follows: 

"The  appropriation  shall  be  paid  annually  in  the  manner 
hereinafter  provided,  to  each  state  which  shall  by  action  of  its 
legislature  assent  to  the  provisions  of  this  act,  provided  that 
payment  of  such  installments  of  the  appropriation  hereinbe- 
fore made  as  shall  become  due  to  any  state  before  the  adjourn- 
ment of  the  regular  session  of  the  legislature  meeting  next 
after  the  passage  of  this  act,  may  in  the  absence  of  prior 
legislative  assent  be  made  upon  the  assent  of  the  governor 
thereof  duly  certified  to  the  secretary  of  the  treasury,"  and 

Provided,  further,  "That  the  sums  provided  for  extension 
work  shall  be  paid  in  semi-annual  payments  on  the  first  day  of 


137 

January  and  July  of  each  year  by  the  secretary  of  the  treasury 
upon  the  warrant  of  the  secretary  of  agriculture,  out  of  the 
appropriation  of  the  United  States,  to  the  treasurer  or  other 
officer  of  the  state  duly  authorized  by  the  laws  of  the  state  to 
raise  the  same/'  and 

WHEREAS,  the  Governor  of  the  State  of  Indiana  did,  on  June  25, 
1914,  provisionally  accept  such  grant  for  and  on  behalf  of 
Purdue  university  for  the  agricultural  extension  department 
established  in  connection  therewith  by  an  act  of  legislature 
approved  February  27,  1911,  and  did  designate  the  treasurer 
of  Purdue  university  as  the  officer  duly  authorized  to  receive 
the  same,  therefore, 

Purdue   University — Government   Grant. 

SECTION  1.  Be  it  resolved  by  the  general  assembly  of  the  State 
of  Indiana,  That  such  grant  is  hereby  accepted  for  and  on  behalf 
of  Purdue  university,  and  the  treasurer  of  Purdue  university  is 
designated  as  the  officer  to  receive  the  same,  and  the  legislative 
assent  of  Indiana  is  hereby  given  to  the  purpose  of  said  grant. 

[p.  625,  Acts  1915.] 
State  Institutions — Purchase  Supplies  from  Blind  School* 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State 
of  Indiana,  That  the  state  institutions,  except  where  similar 
articles  are  made  therein  and  political  divisions  of  the  state  using 
supplies  such  as  are  produced  under  the  supervision  of  the  board 
of  industrial  aid  for  the  blind,  shall  be  required  to  purchase  such 
articles  in  the  same  manner  and  under  the  same  conditions  as 
articles  produced  in  the  Indiana  reformatory  are  now  required  to 
be  purchased  by  law. 

Descriptive  Catalogue — Publishing. 

SEC.  2.  It  shall  be  the  duty  of  the  board  of  industrial  aid  for 
the  blind,  from  time  to  time,  after  the  taking  effect  of  this  act,  to 
issue  a  printed  descriptive  catalogue  for  the  use  of  the  various 
state  institutions  and  political  divisions  of  the  state,  showing  in 
detail  and  by  cuts  such  articles  as  are  or  may  be  produced  or 
manufactured  by  the  persons  coming  under  the  supervision  of  said 
board  for  the  industrial  aid  for  the  blind;  and  when  any  such  state 
institutions  or  political  divisions  of  the  State  of  Indiana  are  in 


138 

need  of  such  articles  as  are  described  in  such  catalogue,  the  board 
of  control,  boards  of  trustees,  or  boards  of  managers  and  the 
heads  of  such  institutions,  boards  of  county  commissioners,  town- 
ship trustees,  superintendents  of  poor  asylums  and  county  sheriffs 
shall  make  requisition  on  the  board  of  industrial  aid  for  the  blind 
for  such  articles  as  are  needed,  giving  such  board  a  reasonable  time 
to  produce  or  supply  the  articles  required,  and  shall  not  purchase 
any  such  articles  elsewhere,  except  of  the  Indiana  reformatory,  as 
now  provided  by  law,  unless  the  same  cannot  be  furnished  by  such 
board  of  industrial  aid  for  the  blind.  Such  boards  and  above 
named  officers  shall  not  contract  for  or  pay  any  bill  for  any  such 
articles  as  are  made  under  the  supervision  of  said  board  of  in- 
dustrial aid  for  the  blind  which  are  shown  in  the  catalogue  to  be 
issued  as  foresaid,  except  such  articles  as  are  produced  or  manu- 
factured at  the  Indiana  reformatory,  as  now  provided  by  law,  until 
a  written  statement  has  been  given  them  that  such  board  of  in- 
dustrial aid  for  the  blind  cannot  furnish  such  articles. 

Supplemental  Act. 

SEC.  3.  This  act  shall  be  construed  as  supplemental  to  an 
act  entitled  "An  act  regulating  the  labor  of  the  inmates  of  the 
Indiana  reformatory  on  state  accounts,  providing  for  the  school- 
ing and  training  of  the  inmates,  providing  for  trades  schools,  the 
utilization  of  the  inmates'  labor  for  state  account  and  the  dis- 
position of  all  articles  made  in  such  trades  schools  or  on  state 
account,  providing  that  state  institutions  and  political  divisions 
of  the  state  shall  purchase  certain  articles  from  the  management 
of  the  reformatory,  and  providing  the  necessary  appropriation 
as  well  as  certain  other  matters  relating  thereto,  and  providing 
penalties  therefor,"  approved  March  4,  1905,  and  all  acts  amenda- 
tory thereto,  and  the  procedure  prescribed  in  the  aforesaid  act 
shall,  when  not  otherwise  designated,  be  construed  to  apply  in 
the  purchase  and  sale  of  articles  produced  under  the  super- 
visions of  the  board  of  industrial  aid  for  the  blind. 

[p.  137,  Acts  1915.] 
Indiana  Soldiers'  and  Sailors'  Orphans'  Home — Admission. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  amended 
to  read  as  follows:  Section  1.  That  section  nine  (9)  be  amended 
to  read  as  follows:  Section  9.  The  trustees  and  (under  regula- 


139 

tions  and  a  form  of  application  which  they  shall  prescribe)  the 
superintendent  is  authorized  and  required  to  receive,  as  pupils 
into  said  home,  orphans  and  children  residing  in  this  state,  under 
the  age  of  sixteen  (16)  years  who  may  be  destitute  of  the  means 
of  support  and  education  in  the  following  order. 

First:  Orphan  children  of  deceased  Union  soldiers  or  sailors 
in  the  army  or  navy  of  the  United  States  in  the  late  civil  war,  or 
in  the  war  with  Spain,  or  in  the  war  in  the  Philippine  islands  or  in 
the  regular  service  of  the  United  States,  said  orphans  not  having 
mothers  living.  If  there  be  not  applications  for  the  admission  of 
persons  of  this  class  sufficient  to  fill  said  home,  then  there  shall  be 
in  like  manner  admitted: 

Second:  Orphans,  children  of  such  deceased  soldiers  or 
sailors,  said  orphans  having  mothers  living.  If  there  be  not  ap- 
plications for  the  admission  of  persons  of  said  two  classes  sufficient 
to  fill  said  home  then,  in  like  manner,  there  shall  be  admitted: 

Third:  Children  of  permanently  disabled  or  indigent  soldiers 
or  sailors  of  said  service  residing  in  this  state,  or  in  national  mili- 
tary homes,  having  been  admitted  thereto  from  this  state.  If 
there  be  not  applications  for  the  admission  of  persons  of  said 
three  (3)  classes  sufficient  to  fill  said  home,  then,  in  like  manner, 
there  shall  be  admitted : 

Fourth:  All  grandchildren  of  soldiers  and  sailors  whose 
father  or  rnother  have  died  or  have  been  committed  to  an  asylum 
for  the  insane.  All  children  admitted  to  said  home  as  pupils 
thereof  shall  be  supported  and  educated  therein  until  they  shall 
be  sixteen  (16)  years  of  age,  unless  for  good  cause  sooner  dis- 
charged. Any  of  said  pupils,  who,  by  reason  of  physical  disability 
or  other  cause  may  be,  in  the  judgment  of  said  board,  unable  to 
earn  a  livelihood,  shall  be  retained  as  pupils  of  said  home  until 
they  shall  be  eighteen  (18)  years  of  age. 

Soldiers  and  Sailors — Enumeration. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  beginning  with  the  year  1913,  and  every  year 
thereafter,  the  school  trustees  of  the  several  townships,  towns  and 
cities  of  this  state,  at  the  time  when  they  take  or  cause  to  be  taken, 
the  enumeration  of  all  unmarried  persons  between  the  ages  of  six 
(6)  and  twenty-one  (21)  years,  resident  within  the  respective  town- 
ships, towns  or  cities,  as  provided  for  in  the  laws  of  this  state,  shall 
likewise  be  required  to  take  or  cause  to  be  taken,  by  the  same 


140 

person  who  takes  such  school  enumeration,  a  supplementary 
enumeration  of  all  persons  living  within  such  townships,  who 
served  in  the  army  or  navy  of  the  United  States  during  the 
Mexican  war,  the  Civil  war  or  the  Spanish-American  war,  or  who 
have  served  one  or  more  enlistments  in  the  United  States  army, 
the  United  States  navy,  or  the  national  guards.  In  taking  or 
causing  to  be  taken  such  supplementary  enumeration,  the  trustee 
or  person  so  employed  shall  list  the  full  names  and  ages  of  such 
soldiers  and  sailors,  the  company,  regiment  or  battery  in  which 
they  served,  and  the  state  from  which  they  enlisted.  Each  person 
required  or  employed  to  take  such  enumeration  shall  take  the 
same  accurately  and  truly  to  the  best  of  his  skill  and  ability. 
(R.  S.  1914,  §10055  a.) 

Duplicate  Lists — Filed  with  State  Library. 

SEC.  2.  Such  supplementary  enumeration  lists  shall  be  pre- 
pared in  duplicate,  on  separate  sheets  or  lists,  which  shall  be  pro- 
vided for  that  purpose.  And  when  the  enumeration  of  all  such 
soldiers  and  sailors  shall  have  been  completed  and  when  the 
duplicate  enumeration  lists  herein  provided  for,  shall  have  been 
prepared  and  authenticated,  the  township  trustee  of  each  and 
every  township  in  this  state  shall  deposit  one  (1)  copy  of  such  sup- 
plementary enumeration  lists  in  the  office  of  the  clerk  of  the  cir- 
cuit court  of  the  county  in  which  his  township  is  situated,  and  he 
shall  enclose  such  other  list  securely  in  an  envelope  and  mail  it  to 
the  state  librarian  of  this  state,  and  the  lists  so  secured  and  ob- 
tained shall  be  classified  and  bound  and  deposited  in  the  archives 
of  the  state  library.  (R.  S.  1914,  §10055  b.) 

Schools — Arbor  Day — Fixing  Date. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  for  the  purpose  of  encouraging  the  planting  of 
shade  and  forest  trees,  shrubs  and  vines,  the  third  Friday  of 
April  in  each  year  is  hereby  designated  as  a  day  for  general  ob- 
servance and  to  be  known  as  Arbor  Day.  (R.  S.  1914,  §7461  a.) 

Proclamation. 

SEC.  2.  The  governor  shall  make  proclamation  of  said  day  in 
each  year  at  least  thirty  days  prior  thereto.  (R.  S.  1914, 
§7461  b.) 


141 


School  Exercises. 


SEC.  3.  Appropriate  exercises  shall  be  introduced  in  all  the 
schools  of  the  state;  and  it  shall  be  the  duty  of  the  serveral  coun- 
ty and  city  superintendents  to  prepare  a  program  of  exercises  for 
that  day  to  be  observed  in  all  the  schools  under  their  respective 
jurisdictions.  The  exercises  on  Arbor  day  shall  give  due  honor  to 
the  conservors  of  forestry,  and  the  founders  of  the  study  and  con- 
servation of  Indiana  forestry.  And  especially  to  the  leading  spirit 
of  Indiana  forestry  conservation,  Charles  Warren  Fairbanks. 
(R.  S.  1914,  §7461  c.) 

Repeal. 

SEC.  4.  All  laws  and  parts  of  laws  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Legal  Holiday — Discovery  Day. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  section  one  (1)  of  the  above  entitled  act  be  and  the 
same  is  hereby  amended  to  read  as  follows:  Section  1.  The  first 
day  of  the  week,  commonly  called  Sunday;  the  first  day  of 
January,  commonly  called  New  Year's  day;  the  fourth  day  of 
July;  the  twenty-fifth  day  of  December,  commonly  called  Christ- 
mas day;  any  day  appointed  or  recommended  by  the  president  of 
the  United  States  or  the  governor  of  Indiana  as  a  day  of  public 
fasting  or  thanksgiving;  the  twelfth  day  of  February,  commonly 
called  Lincoln's  birthday;  the  twenty-second  day  of  February, 
commonly  called  Washington's  birthday;  the  thirtieth  day  of 
May,  commonly  called  memorial  day;  the  first  Monday  of 
September,  commonly  called  labor  day;  the  twelfth  day  of 
October,  commonly  known  as  discovery  day;  and  the  day  of  any 
general,  national  or  state  election,  shall  be  legal  holidays  within 
the  State  of  Indiana  for  all  purposes.  And  when  any  of  said  holi- 
days (other  than  Sunday)  comes  on  Sunday,  the  Monday  next 
succeeding  shall  be  the  legal  holiday.  (R.  S.  1914,  §9086.) 

State  Song — "On  the  Banks  of  the  Wabash,  Far  Away." 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana,  That  the  song  entitled,  "On  the  Banks  of  the  Wabash, 
Far  Away,"  words  and  music  by  Paul  Dresser,  be  and  is  hereby 
established  as  the  state  song  of  Indiana.  The  form  in  which  this 
song  shall  be  sung  as  the  state  song  of  Indiana  shall  be  as  follows: 


142 

'Round  my  Indiana  homestead  wave  the  cornfields, 
In  the  distance  loom  the  woodlands  clear  and  cool, 
Often  times  my  tho'ts  revert  to  scenes  of  childhood, 
Where  I  first  received  my  lessons — nature's  school. 
But  one  thing  there  is  missing  in  the  picture, 
Without  her  face  it  seems  so  incomplete, 
I  long  to  see  my  mother  in  the  doorway, 
As  she  stood  there  years  ago,  her  boy  to  greet. 

Chorus. 

Oh,  the  moonlight's  fair  tonight  along  the  Wabash, 
From  the  fields  there  comes  the  breath  of  new-mown  hay, 
Through  the  sycamores  the  candle  lights  are  gleaming, 
On  the  banks  of  the  Wabash,  far  away. 

• 

Many  years  have  passed  since  I  strolled  by  the  river, 
Arm  in  arm,  with  sweetheart  Mary  by  my  side, 
It  was  there  I  tried  to  tell  her  that  I  loved  her, 
It  was  there  I  begged  of  her  to  be  my  bride. 

Long  years  have  passed  since  I  strolled  thro'  the  churchyard, 
She's  sleeping  there,  my  angel,  Mary  dear, 
I  loved  her,  but  she  thought  I  didn't  mean  it, 
Still  I'd  give  my  future  were  she  only  here. 
(R.  S.  1914,  §10135  a.) 

State  Flower — Carnation. 

Be  it  Resolved,  By  the  House  of  Representatives,  the  Senate 
concurring,  That  the  carnation  be  and  the  same  is  hereby  adopted 
as  the  state  flower  of  the  State  of  Indiana.  (Note  under  R.  S. 
1914,  §10135  a.) 


143 

TEACHER'S   CONTRACT. 

FOR    TEACHERS     CONTRACTING    WITH    SCHOOL     CITIKS. 


THIS  AGREEMENT,  made  and  entered  into  between  the  School  City  Corporation 

of : in 

County,  and  State  of  Indiana,  by 


the  Board  of  School  Trustees  of  said  Corporation  of  the  first  part,  and.... 


a  teacher  who  holds  a license,  issued 

191...  ,   for months,   by 

Superintendent;  on  which  license  h .average  scholarship  is  %, 

h last  success  grade  is %,  who  was present  at  all  the  sessions 

of  the Co.  Institute  in  191 ,  of  the  second 

part,  certifies  that  the  said  teacher  agrees  to  teach  in  the  public  schools  of  said  School 
Corporation,  in  such  building,  grade,  and  room  as  the  said  Board  of  Trustees,  or  their 
Superintendent  of  Schools  may  designate,  during  the  school  year,  beginning  the 

day   of A.    D.    191 ,  for  the  salary  of 

Dollars  per : to  be  paid 

(State  when  all  or  parts  of  salary  will  be  paid.) 

Said 

further  agrees,  faithfully,  zealously  and  impartially,  to  perform  all  the  duties  of  such 
teacher,  using  only  such  textbooks  as  are  prescribed  by  said  Board  or  Superintendent, 
of  said  schools;  that  ...  he  will  attend  and  participate  in  the  exercises  of  each  Institute 
or  other  Teachers'  Meetings  that  may  be  appointed  for  the  Teachers  of  said  School 
City,  or  for  each  day's  absence  therefrom,  forfeit  a  sum  equal  to  one  day's  wages; 

that  ....he  will  accurately  keep  and  use  all  registers  and  blanks  placed  in 

hands  by  said  Board,  or  the  Superintendent  of  said  schools;  that  ....he  will  make  a  com- 
plete and  accurate  report  at  the  close  of  the  school  term,  the  blank  for  which  is  pro- 
vided on  the  back  of  this  sheet;  that  ....he  will  make  all  other  reports  required  by  said 
Board,  Superintendent  or  School  Law;  that  ....he  will  exercise  due  diligence  in  the 
perservation  of  the  school  buildings,  grounds,  furniture,  books,  maps  and  other  school 

property  committed  to  h care,  and  turn  same  over  to  said  Board  at  the  close  of 

said  school,  in  as  good  condition  as  when  received,  damage  and  wear  by  use  excepted; 
and  that  ....he  will  conform  to  the  rules  and  regulations  of  said  Board,  and  Superin- 
tendent, and  faithfully  and  impartially  enforce  them  among  the  pupils. 

Said  School  Corporation,  by  said  School  Board,  agrees  to  keep  the  school  buildings 
in  good  repair  and  furnish  the  necessary  fuel,  furniture,  books,  maps,  blanks  and  such 
other  appliances  as  may  be  necessary  for  the  successful  teaching  of  the  branches  in 
said  school. 

And  said  School  Corporation,  by  said  School  Board,  further  agrees  to  pay  said 


for  services  as  teacher  of  said  school,  said  salary  of 

Dollars  per as  above  agreed  upon. 

The  said  School  Corporation,  by  said  School  Board,  further  agrees  to  pay  said 
teacher  one  day's  wages  for  each  day's  attendance  at  Institute  or  other  Teachers' 
Meetings,  according  to  the  Acts  of  1915. 

PROVIDED,  That  in  case  said  teacher  shall  be  discharged  from  said  school  by  said 
Board,  for  incompetency,  cruelty,  gross  immorality,  neglect  of  business,  or  a  violation 

of  any  of  the  stipulations  of  this  Contract,  or  in  case  h license  should  be  revoked 

by  the  County  Superintendent,  ....he  shall  not  be  entitled  to  any  compensation  after 
notice  of  dismissal  or  annulment  of  license. 


PROVIDED  FURTHER,  That  the  teacher  shall  have  a  duplicate  copy  of  this  contract. 
IN  WITNESS  WHEREOF,  We  have  hereunto  subscribed  our  names,  this 

day  of A.  D.  191 

President 

Secretary 

Treasurer 

Board  of  School  Trustees. 

; Teacher 

NOTES: — 1.     A  legal  contract  for  teaching  a  public  school  cannot  be  made  between 
a  school  board  and  a  person  who  does  not  hold  a  valid  license. 

2.  Full  authority  is  given  school  boards  to  substitute  the  words  "principal, 

"supervisor"    or    "superintendent"    wherever    the    word    "teacher 
appears  in  the  contract,  when  the  contract  should  be  so  drawn. 

3.  This  contract  is  the  official  form  as  made  under  the  provisions  of  Section 

6595  Burns'  R.  S.,  1914. 


144 


TEACHER'S  CONTRACT. 

FOR    TEACHERS    CONTRACTING    WITH    SCHOOL    TOWNSHIPS. 


THIS  AGREEMENT,  BETWEEN School 

Trustee  of School  Township,  in 

County,  and  State  of  Indiana,  of  the  first  part,  and 

a  teacher  who  holds  a license,  issued 

191 ,  for months  by Superintendent ; 

on  which  license  h average  scholarship  is %,  h last  success 

grade  is %;   who   was present  at   all  the  sessions   of  the 

County    Institute    in    191 ,    of    the 

second  part,  certifies  that  the  said  teacher  agrees  to  teach  in  the  public  schools  of  said 
Township,  in  such  building,  grade,  and  room  as  said  Trustee  may  designate,  for  the  term 

commencing  on  the day  of A.  D.  191.... 

for   the   consideration   of Dollars   and cents 

per  day,  to  be  paid 

(State  here  when  all  parts  of  the  salary  will  be  paid.) 

The  said further  agrees 

faithfully  to  perform  all  the  duties  of  teacher  in  said  school:  using  only  such  textbooks 
as  are  prescribed  by  the  Trustees  in  accordance  with  the  law,  except  supplementary 
reading,  such  as  Young  Peoples'  Reading  Circle  Books,  etc.,  and  other  works,  recom- 
mended by  the  County  Superintendent,  and  observing  all  Rules  and  Regulations  of  the 
County  Board  of  Education,  and  all  the  instructions  of  the  County  Superintendent  of 
Schools;  that  ...."he  will  attend  and  participate  in  the  exercises  of  each  Institute  or 
other  Teachers'  Meetings  that  may  be  appointed  for  the  Teachers  of  said  Township,  or 

for  each  day's  absence  therefrom,  forfeit  a  sum  equal  to  one  day's  wages,  that  he 

will  accurately  keep  and  use  all  registers  and  blanks  placed  in hands  by 

said  Trustee;  that he  will  make  a  complete  and  accurate  report  at  the  close  of  the 

school  term,  the  blank  for  which  is  provided  on  the  back  of  this  sheet;  that  he  wil^ 

make   all   other   reports  required   of by   said   Trustee,    the   County 

Superintendent,  or  the  Laws  of  Indiana,  at  the  proper  time  and  manner,  and  in  good 

order;  that  he  will  exercise  due  diligence  in  the  perservation  of  school  buildings, 

grounds,  furniture,  apparatus,  books,  blanks,  and  other  school  property  committed 

to care,  and  turn  the  same  over  to  the  Trustee,  or  his  representative,  at 

the  close  of  the  term  of  school,  in  as  good  condition  as  when  received,  damage  by 
wear  and  use  excepted,  accompanied  by  an  exact  inventory  of  all  supplies  and  apparatus 
on  hands,  a  description  of  the  condition  of  the  same,  and  a  recommended  list  of  materials 
to  be  purchased  for  next  school  year. 

The  said  School  Trustee  agrees  to  keep  the  school  buildings  in  good  repair,  to  furnish 
the  necessary  fuel,  furniture,  apparatus,  books  and  blanks,  and  such  other  appliances 
as  may  be  necessary  for  the  systematic  and  proper  conduct  of  said  school,  and  to  pro- 
vide such  janitor  help  as  may  be  necessary  to  properly  care  for  said  school  and  its 
premises. 

And  the  said  School  Trustee,  for  and  in  behalf  of  said  Township,  further  agrees  to 

pay  the  said for  services  as  teacher  of 

said  school,  either  a  sum  equal  to  the  whole  number  of  days  taught,  at  the  rate  of  the 
above-named  sum  per  day,  as  agreed  upon,  or  the  salary  for  the  year  in  the  event  of 
a  yearly  consideration,  as  agreed  upon,  when  the  said  teacher  shall  have  filled  all  the 
stipulations  of  this  contract. 

The  said  School  Trustee  further  agrees  to  pay  said  teacher  one  day's  wages  for  each 
day's  attendance  at  the  Township  Institute,  according  to  the  Acts  of  1915. 

PROVIDED,  That  in  case  the  said should  be 

dismissed  from  said  school  by  said  Trustee,  or  his  successor  in  office,  for  incompetency, 
cruelty,  gross  immorality,  neglect  of  business,  or  a  violation  of  any  of  the  stipulations 

of  this  contract,   or  in  case '. license  should  be  revoked  by  the   County 

Superintendent,  he  shall  not  be  entitled  to  any  compensation  after  notice  of  dis- 
missal, or  notice  of  annulment  of  license. 

PROVIDED  FURTHER,  That  the  teacher  shall  have  a  duplicate  of  this  contract. 

IN  WITNESS  WHEREOF,  We  have  hereunto  subscribed  our  names,  this 

day  of A.    D.    191 

Teacher 

School  Trustee 

NOTES: — 1.  A  valid  contract  for  teaching  a  public  school  cannot  be  made  by  a 
Trustee  with  anyone  unless  he  holds  a  valid  license,  either  County 
or  State. 

2.  Full  authority  is  given  the  Trustee  to  substitute  the  word   "principal," 

for  the  word  "teacher,"  in  the  event  the  contract  should  be  so  made. 

3.  This  contract  form  is  the   official   blank,    made   by   the  State  Super- 

intendent of  Public  Instruction,  under  Sec.  6595,  Burns'  R.  S.,1914. 


VC  06560 


391246 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


